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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 78/2023/ND-CP

Hanoi, November 07, 2023

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 32/2017/ND-CP ON STATE INVESTMENT CREDIT

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Law on State Budget dated May 26, 2015;

Pursuant to the Law on Public Debt Management dated November 23, 2017;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Credit Institutions dated June 16, 2010; Law dated November 20, 2017 on Amendments to some Articles of the Law on Credit Institutions;

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The Government hereby promulgates a Decree on amendments to some Articles of the Government’s Decree No. 32/2017/ND-CP dated March 31, 2017 on state investment credit.

Article 1. Amendments to some Articles of the Government’s Decree No. 32/2017/ND-CP dated March 31, 2017 on state investment credit

1. Clause 7 of Article 3 is amended as follows:

“7. “debt rescheduling” means the Vietnam Development Bank (hereinafter referred to as “VDB”) agreeing to adjust a repayment period or extension of a loan term according to the following provisions:

a) Adjustment to a repayment period means the VDB agreeing to extend the agreed period of repayment of outstanding principal and/or outstanding interest in part or in full (including cases in which there is no change to the number of agreed repayment periods) while the loan term is kept unchanged;

b) Extension of a loan term means the VDB agreeing to extend repayment of outstanding principal and/or outstanding interest for a period exceeding the agreed loan term.”

2. Article 4 is amended as follows:

“Article 4. State investment credit plans

1. Before July 31 every year, the VDB shall formulate a state investment credit plan for the next year and submit it to the Ministry of Planning and Investment and Ministry of Finance, containing the following details:

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b) Capacity for raising capital and balancing capital sources for implementation of the state investment credit plan;

c) VDB’s plan to grant subsidies on interest rates, management fees and charter capital for implementation of the next year’s state investment credit plan;

d) Solutions for management and implementation, expected outcomes.

2. Before August 31 every year, the Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance and VDB in reviewing and completing the next year's state investment credit plan formulated by VDB.

3. Before December 31 every year, the Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance in requesting the Prime Minister to set a target for the total rate of state investment credit or estimate the total credit capital of the next year’s state investment credit plan for VDB.”

3. Clauses 3 and 4 of Article 6 are amended as follows:

“3. Its investment project that needs loan has been appraised and assessed by VDB as being efficient; financially capable of repaying the loan at the time VDB considers deciding to grant loan.

4. Its equity capital for the project execution accounts for at least 20% of the total investment capital for the project (exclusive of working capital). The specific amount that shall be considered and decided by VDB within the investor’s financial capacity and project’s debt payment plan.”

4. Clause 6 of Article 6 is amended as follows:

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5. Clause 2 of Article 7 is amended as follows:

“2. The ratio of VDB’s total amount of outstanding debts incurred from the credit extension (exclusive of the loans of which the risk is not incurred by VDB) to its own capital and remaining balance of bonds guaranteed by the Government for a term of 05 years or more shall not exceed 15% for a single client, 25% for a single client and his/her related person, except for the cases specified in clause 4 of this Article.”

6. Clauses 4, 5, 6, 7, 8 and 9 are added to Article 7 as follows:

“4. In special cases, to undertake the task of socio-economic development, national defense and security, the combined lending limit of VDB and other credit institutions has failed to meet the need of a single client, VDB shall prepare an application for credit overextensions as prescribed in clause 2 of this Article in each specific case and submit it to the Ministry of Finance, which will make a report to the Prime Minister for his consideration and decision.

5. A borrower or project shall be offered credit overextensions by VDB as prescribed in clause 4 of this Article if they meet the following requirements:

a) The borrower fully meets conditions for credit extension according to the lending conditions specified in this Decree, the Law on Credit Institutions and its guiding documents; has not incurred any bad debt for 03 years preceding the year of submission of their application for credit overextensions; their debt is not more than three times the equity written on their latest quarterly or annual financial statement audited prior to the date of submission of the application for credit overextensions;

b) The borrower has a need for capital to execute a projects of socio-economic, national defense or security significance or urgent project in order to perform socio-economic development task, national defense or security task or meet the basic human needs in the fields and sectors given priority under a Resolution of National Assembly or Government or direction of the Prime Minister from time to time or in order to execute any program or project whose investment guidelines are decided by the National Assembly or Prime Minister.

6. VDB shall, upon applying for credit overextension as prescribed in clause 4 of this Article, meet the following conditions:

a) VDB has cooperated with other credit institutions in granting loan to a project offered credit overextensions while the need for loan of a single client exceeds the combined lending limit of VDB and other credit institutions; or has released the combined lending invitation letter to at least 05 other credit institutions, posted it on its website and mass media for at least 30 working days but no credit institutions participate in the combined lending;

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c) The limit on total amount of outstanding debts incurred from the credit extension is not more than four times VDB’s own capital and remaining balance of bonds guaranteed by the Government for a term of 05 years or more when calculating the credit overextensions in question.

7. Application for credit overextension submitted by VDB to the Ministry of Finance:

Application for credit overextension submitted by VDB to the Ministry of Finance for a single client or a single client and his/her related person includes:

a) VDB’s written request form submitted to the Ministry of Finance for reporting to the Prime Minister to obtain his permission for credit overextension to a single client, a client and his/her related person;

b) A document proving that VDB has met the conditions set out in clause 6 of this Article;

c) Record on VDB’s assessment of the borrower and their project that needs credit overextensions;

d) Client’s written request for credit overextensions at VDB (copy taken from its master register or copy bearing VDB’s confirmation seal);

dd) Legal documents related to the applicant for credit overextensions (copies taken from their master registers or copies bearing VDB’s confirmation seal), including the Enterprise Registration Certificate or Establishment Decision issued by a competent authority (for public service provider exercising financial autonomy), audited financial statement for the last 03 years preceeding the application year and other relevant documents proving the client has fulfilled all conditions set out in clause 5 of this Article;

e) Legal documents related to the project that needs credit overextensions (copies taken from their master registers or copies bearing VDB’s confirmation seal), including the Enterprise Registration Certificate or written approval for project granted by a competent authority and other relevant documents (if any);

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8. Documents of the Ministry of Finance submitted to the Prime Minister shall include the Report Form of the Ministry of Finance, enclosing the following materials:

a) VDB’s written request form submitted to the Ministry of Finance for reporting to the Prime Minister to obtain his permission for credit overextension to a single client, a client and his/her related person;

b) Written documents recording contributed opinions from ministries, central and local authorities involved;

c) Written explanations of VDB and clients (if any);

d) Other relevant documents (if any).

9. Procedures for considering granting credit overextensions:

a) VDB sends the Ministry of Finance 01 set of documents prescribed in Article 4 hereof, whether directly or by post;

b) Within 15 working days of receipt of all required documents from VDB, the Ministry of Finance shall request ministries, central and local authorities in writing for their advice on economic, engineering and legal aspects of the project, and client applying for credit overextension.

If these documents do not meet the conditions specified in clauses 5 and 6 of this Article, the Ministry of Finance shall send a written notification clarifying which conditions are not met;

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d) Within duration of 10 working days of receipt of opinions from ministries, central and local authorities or explanations from VDB and client, the Ministry of Finance shall submit them to the Prime Minister for his review and grant of decision on VDB’s application for credit overextension;

dd) Within duration of 05 working days of receipt of the written opinion of the Prime Minister, the Ministry of Finance shall notify that opinion to VDB for their information and compliance.”

7. Clause 2 of Article 7 is amended as follows:

“Article 8. Loan term

VDB shall rely on project assessment results, production and business characteristics, and capital recovery ability of each project and client’s solvency to decide the loan term for each project.”

8. Article 9 is amended as follows:

“Article 9. Loan interest rate

1. The State investment credit interest rate shall be decided by VDB on the principle that it is sufficient to offset the cost of capital raising, operating costs and the cost of setting up provisions for loan losses under credit contracts from December 22, 2023, but is not lower than 85% of the average lending interest rate of domestic commercial banks in the same period; the subsidies on interest rates and management costs for these loans will not be covered by the state budget.

2. Procedures for deciding State investment credit interest rate

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b) 03 working days after receiving the document in point a of this clause from the State Bank of Vietnam, the Ministry of Finance shall send VDB the document specifying average loan interest rates of domestic commercial banks in the same period issued by the State Bank of Vietnam;

c) 03 working days after receiving the document in point b of this clause from the Ministry of Finance, VDB shall rely on the principle of determining the loan interest rate specified in clause 1 of this Article to decide the State investment credit interest rate;

d) In case there are large fluctuations in the loan interest rates of domestic commercial banks during the year, VDB shall report them to the Ministry of Finance, which will request the State Bank of Vietnam in writing to determine the loan interest rates of domestic commercial banks at the time of submitting the request so as for VDB to decide the State investment credit interest rate;

3. The State investment credit interest rate decided by VDB as prescribed in clause 2 of this Article is applicable to all undue outstanding debt and new disbursements under credit contracts signed from December 22, 2023.

4. For all outstanding principal recorded as overdue debts of each loan:

a) Overdue interest rates shall be considered and decided by VDB but not exceed 150% of the undue interest rates;

b) The undue interest rates specified in point a of this clause shall be adjusted at the State investment credit interest rate decided by VDB as prescribed in clause 2 of this Article.”

9. Article 13 is amended as follows:

“Article 13. Loan security

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2. VDB and clients shall follow procedures for loan security according to regulations of law on assurance of obligation fulfillment and other relevant regulations of law.

3. VDB reserves the right to handle collateral for debt recovery according to regulations of law on assurance of obligation fulfillment and other relevant regulations of law.”

10. Article 15 is amended as follows:

“Article 15. Debt rescheduling, exemption or reduction of loan interest

1. VDB shall consider deciding the debt rescheduling at the request of a client and results of VDB’s assessment of client's solvency. To be specific:

a) If the client is incapable of making due repayment of the outstanding principal and/or outstanding interest and assessed by VDB as having capacity for fully repaying the outstanding principal and/or outstanding interest in the adjusted repayment period, VDB shall consider adjusting the period of repayment of that outstanding principal and/or outstanding interest as appropriate to the client’s source of financing for debt repayment without prejudice to the loan term;

b) If the client is incapable of paying off outstanding principal and/or outstanding interest in full within the agreed loan term, and is assessed by the cooperative fund as having capacity for fully repaying the outstanding principal and/or outstanding interest within a specified period of time following the said loan term, VDB shall consider extending the period of debt repayment as appropriate to the client’s source of financing for such debt repayment.

2. According to VDB’s financial status and client’s solvency, VDB shall consider the deciding debt rescheduling, exemption or reduction of loan interest.

3. VDB shall provide guidance on applications and procedures for debt rescheduling, exemption or reduction of loan interest as prescribed in clauses 1 and 2 of this Article.”

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“Article 15a. Setting up loan loss provisions

1. For credit contracts signed as of December 22, 2023, VDB shall set up loan loss provisions under the guidance of the State Bank of Vietnam for commercial banks. Such provisions shall be included in the VDB’s operating costs and used to manage loan losses under these contracts.

2. For credit contracts signed before December 22, 2023, VDB shall set up and use loan loss provisions as prescribed in the Government’s Decree No. 46/2021/ND-CP dated March 31, 2021 and amending or replacing documents (if any).”

12. Article 7 is amended as follows:

“Article 17. Credit risk management

1. Principles of credit risk management

a) The credit risk management by VDB shall comply with regulations of law and ensure the satisfaction of eligibility and documentation requirements as prescribed by law;

b) VDB, borrowers, related organizations and individuals' responsibility for grant of loans, debt recovery and settlement shall be taken into account during VDB's credit risk management;

c) VDB shall use provisions for credit losses for risk management.

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13. Clause 3 of Article 19 is amended as follows:

“3. Cooperate with the Ministry of Planning and Investment in requesting the Prime Minister to set a target for the total rate of state investment credit or estimate the total credit capital of the annual state investment credit plan for VDB.”

14. Clause 1 of Article 20 is amended as follows:

“1. Preside over and cooperate with the Ministry of Finance in requesting the Prime Minister to set a target for the total rate of state investment credit or estimate the total credit capital of the annual State investment credit plan for VDB.”

15. Clause 6 of Article 21 is added as follows:

“6. Before January 25 every year, send the Ministry of Finance a document specifying average loan interest rates of domestic commercial banks in the same period so as for the Ministry of Finance to provide it to VDB to form a basis for deciding the State investment credit interest rate.”

16. Clauses 3 and 6 of Article 23 are amended as follows:

6. Carry out inspection and supervise clients using loans to ensure that loans are effectively used for their intended purposes and fully and timely repaid (both principal and interest); if a client incurs any bad debt at VDB and/or credit institution or foreign bank branch at the time VDB disburses the loan, VDB shall assess the client’s financial capacity for repaying the debt to consider deciding to continue the loan disbursement and take legal responsibility for its decision.”

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“5. Clients shall comply with regulations on accounting, annual financial statements and audit of annual financial statements in accordance with law.”

Article 2. Repeal and replacement

1. The List of projects eligible for investment credit promulgated together with the Government’s Decree No. 32/2017/ND-CP dated March 31, 2017 on state investment credit is replaced with the List of projects eligible for investment credit in the Appendix promulgated together with this Decree.

2. The Vietnamese phrase “đơn vị sự nghiệp tự chủ về tài chính” in point a clause 2 Article 1 and clause 1 Article 3 of the Government’s Decree No. 32/2017/ND-CP dated March 31, 2017 on state investment credit is replaced with the phrase “đơn vị sự nghiệp công lập tự chủ về tài chính” (“public service provider exercising financial autonomy”).

3. The phrase “trừ trường hợp Thủ tướng Chính phủ có quy định khác” (“unless otherwise prescribed by the Prime Minister”) is removed from clause 4 Article 3 of the Government’s Decree No. 32/2017/ND-CP dated March 31, 2017 on state investment credit.

4. Clause 5 Article 2, clause 8 Article 3, clause 2 Article 5, clause 7 and clause 8 Article 6, clause 2 and clause 3 Article 20, Article 29 of the Government’s Decree No. 32/2017/ND-CP dated March 31, 2017 on state investment credit are repealed.

Article 3. Transitional clauses

1. Any contract for providing subsidy on post-investment interest rate signed before the effective date of this Decree, VDB, clients and related parties shall continue to fulfill the commitments, powers and responsibility stated in the contract.

2. Regarding any investment credit contract signed before the effective date of this Decree:

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b) If VDB, client and related parties fail to agree to apply the regulations mentioned in point a of this clause, continue to fulfill the commitments under the signed credit contract and receive the subsidies on interest rate and management costs covered by the state budget; regarding the interest rates on the remaining disbursements from the effective date of this Decree, the loan interest rate decided by VDB as prescribed in clause 8 Article 1 of this Decree shall apply by each disbursement.

3. For investment credit contracts and export credit contracts signed before the effective date of this Decree, VDB shall no longer charge interest on late payment of outstanding interest from the effective date of this Decree and shall write off the unpaid interest that has accrued up to the effective date of this Decree.

Article 4. Implementation clause

1. This Decree comes into force from December 22, 2023.

2. Decide the State investment credit interest rate after the effective date of this Decree:

a) 15 working days from the effective date of this Decree, the State Bank of Vietnam shall send the Ministry of Finance a document specifying average loan interest rates of domestic commercial banks in the same period so as for the Ministry of Finance to provide it to VDB;

b) 03 working days after receiving the document in point a of this clause from State Bank of Vietnam, the Ministry of Finance shall send VDB the document specifying average loan interest rates of domestic commercial banks in the same period issued by the State Bank of Vietnam;

c) 03 working days after receiving the document in point b of this clause from the Ministry of Finance, VDB shall rely on the principle of determining the loan interest rate specified in clause 8 Article 1 of this Decree to decide the State investment credit loan interest rate.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, Chairman of Board of Directors and Director General of Vietnam Development Bank are responsible for the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Le Minh Khai

1.151

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