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MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
75/2017/TT-BTC
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Hanoi, July 21,
2017
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CIRCULAR
AMENDMENTS TO
CIRCULAR NO. 55/2016/TT-BTC DATED MARCH 23, 2016 BY MINISTRY OF FINANCE
PROVIDING FOR CERTAIN CONTENTS OF FINANCIAL MANAGEMENT OF
INVESTMENT PROJECTS IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP AND COSTS OF
INVESTOR SELECTION
Pursuant to the Law on Investment dated December
09, 2013;
Pursuant to the Law on Public Investment dated
June 18, 2014;
Pursuant to the Law on Construction dated June
18, 2014;
Pursuant to the Law on Investment dated November
26, 2014;
Pursuant to the Law on State Budget dated June
25, 2015;
Pursuant to the Government’s Decree No.
163/2016/ND-CP dated December 21, 2016 elaborating the implementation of the
Law on State Budget No.83/2015/QH13;
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Pursuant to the Government’s Decree No.
30/2015/ND-CP dated March 17, 2015 regarding guidelines for some articles on
investor selection of the Law on Bidding;
Pursuant to the Government’s Decree No.
32/2015/ND-CP dated March 25, 2015 on construction costs management;
Pursuant to the Government’s Decree No.
59/2015/ND-CP dated June 18, 2015 on construction project management;
Pursuant to the Government’s Decree No.
77/2015/ND-CP dated September 10, 2015 on annual and medium-term investment
plans;
Pursuant to the Government’s Decree No.
42/2017/ND-CP dated April 05, 2017 on amendments to the Government’s Decree No.
59/2015/ND-CP dated June 18, 2015 on construction project management;
Pursuant to the Government’s Decree No.
215/2013/ND-CP dated December 23, 2013 defining Functions, Tasks, Powers and
Organizational Structure of Ministry of Finance;
At the request of Director of the Investment
Department;
Minister of Finance promulgates this Circular to
introduce the amendments to Circular No. 55/2016/TT-BTC dated March 23, 2016 by
Ministry of Finance providing for certain contents of financial management of
investment projects in the form of public-private partnership and costs of
investor selection (hereinafter referred to as the Circular No.
55/2016/TT-BTC).
Article 1. Amendments to Clause 3, Clause 4
Article 17 of the Circular No. 55/2016/TT-BTC
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a) Bidding for selecting the investor: The loan
capital interest rate is determined according to the bid package of the
selected investor.
b) If the investor is appointed without bidding,
the loan capital interest rate shall be determined via negotiation or agreement
between the competent State agency and the appointed investor. The interest
rate referred for carrying out the negotiation or agreement must abide by the
following principles:
- The interest rate shall not exceed 1.5 times the
simple average of bid-winning interest rates on government bonds whose term is
corresponding to the duration of PPP project contract (Project contract) within
10 bidding sessions preceding the time of contract negotiation. The bid-winning
interest rates on government bonds are published on the websites of the State
Treasuries or the Hanoi Stock Exchange.
- In case the number of bidding sessions for issue
of government bonds whose term is corresponding to the duration of PPP project
within 06 months preceding the time of contract negotiation is less than 10,
the interest rate shall not exceed 1.5 times the simple average of bid-winning
interest rates on government bonds of corresponding term within 06 months
preceding the time of contract negotiation.
- The interest rate shall not exceed the average
interest rates on medium-term and long-term loans of 04 state commercial banks
at the time of contract negotiation.
c) Government bonds whose term is corresponding to
the duration of project contract shall be determined according to the following
provisions:
- If the duration of project contract is less than
or equal to 10 years, the interest rate on the 10-year government bonds shall
be employed to determine the loan capital interest rate.
- If the duration of project contract is exceeding 10 years to 15 years, the
interest rate on the 15-year government bonds shall be employed to determine
the loan capital interest rate.
- If the duration of project contract is exceeding
15 years, the interest rate on the 20-year government bonds shall be employed
to determine the loan capital interest rate.4. The loan capital interest rates
mentioned in Point b and Point c Clause 3 of this Article shall be used as the
basis for calculation of the loan capital interest rate specified in the
project proposal, the feasibility study report and the bidding documents which
are submitted to competent authorities for approval".
Article 2. Transition
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2. With regard to project proposals or feasibility
study reports which have been approved by competent authorities before the date
of entry into force of this Circular, competent authorities shall review and
adjust financial plans for implementing the following steps in conformity with
regulations of this Circular.
3. With regard to project contracts and their
appendixes which are under negotiation and not yet signed by the effective date
of this Circular, competent authorities shall review and adjust relevant terms
and conditions in project contracts in conformity with regulations of this
Circular.
Article 3. Entry into force
This Circular comes into force as from September
05, 2017.
Article 4. Organization of implementation
Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Finance for
consideration./.
PP MINISTER
DEPUTY MINISTER
Tran Van Hieu
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