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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
89/2003/QD-TTg
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Hanoi, May 8, 2003
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DECISION
ON SOME MEASURES TO HANDLE DEBTS INCURRED DUE
TO BORROWING DEVELOPMENT INVESTMENT CAPITAL FOR BUILDING OR MODIFYING OFF-SHORE
FISHING AND FISHING SERVICE SHIPS UNDER THE PRIME MINISTER’S DECISION NO.
393/TTG OF JUNE 9, 1997, DECISION NO. 159/1998/QD-TTG OF SEPTEMBER 3, 1998 AND
DECISION NO. 64/2000/QD-TTG OF JUNE 7, 2000
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
Organization of the Government;
At the proposal of the Minister of Aquatic Resources (Official Dispatch No.
3066/BC-BTS of November 18, 2002),
DECIDES:
Article 1.- To adjust the lending interest rates and lending
terms for organizations and individuals that borrow capital from the State’s
preferential credit capital sources for modifying and/or building ships and
boats as well as procuring fishing gears, prescribed in Article 1 of Decision
No. 64/2000/QD-TTg of June 7, 2000 amending the lending interest rates and the
lending as well as credit debt repayment terms as stated in the Regulation on
management and use of credit capital for projects on building and/or modifying
off-shore fishing- and fishing service ships, issued together with the Prime
Minister’s Decision No. 159/1998/QD-TTg of September 3, 1998 as follows:
1. The interest rate of 5.4%/year shall apply to
debit balances till December 31, 2002.
2. The capital-borrowing term shall not exceed
12 years as from the date of first-time capital withdrawal.
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1. To classify investors in order to work out
specific handling measures:
1.1. The investors that are conducting
production and/or business with efficiency and able to repay their debts under
the credit contracts may re-buy the ships they are using (if they so wish) and
shall have to pay the remaining principals to the lending organizations in
lump-sum; if they wish to borrow more capital, the lending organizations shall
consider and provide them with new loans according to current regulations on
provision of commercial loans.
1.2. The investors that are able but reluctant
to repay their debts shall not be entitled to debt extension or re-scheduling.
If, within 6 months as from the inspection date, they still fail to fully repay
their debts under the credit contracts, the local administrations and concerned
agencies shall coordinate with the lending organizations in compiling minutes
and recovering the ships for auction in order to retrieve debts.
1.3. For investors that use borrowed capital for
wrong purposes: To inspect, compile minutes and inventory the assets formed
from this capital source for confiscation; to transfer these debt balances into
commercial loans and change the inventoried assets into assets mortgaged for
debt retrieval to the State.
1.4. For investors that have suffered from
losses and met with difficulties in their daily-life activities or not yet used
the ships for production or have used the ships for production not at the top
gear:
a) For investors that are professionally
qualified and capable of organizing production and business activities, but
cannot repay their debts on time due to objective reasons or capital shortage,
they shall be considered for debt extension or re-scheduling, or re-setting of
debt-repayment terms which, however, must not exceed the debt-repayment
duration as prescribed at Point 2, Article 1 of this Decision; or if they have
efficient production and business plans, the lending organizations shall consider
and continue providing them with new loans under current regulations on
provision of commercial loans so as to ensure the retrieval of both principals
and interests. After applying the above-stated handling measures, if the
investors still fail to repay their debts, it shall be allowed to change
investors.
b) The investors that have met with force
majeure risks: ship wreck, ship missing due to natural disasters, the capture
and unreturn of their ships by foreign countries…, thus being unable to repay
their debts, the investors shall compile dossiers (with the opinions of the
provincial-level People’s Committees or their managing ministries) and send
them to the lending organizations for the latter to sum up and propose general
handling measures to the Prime Minister.
c) The investors that have not yet used the
ships for production or have used the ships not at the top gear and failed to
work out plans to efficiently deal with the situation shall be considered on a
case-by-case basis for change of investors and transfer of loans.
2. On the change of investors and handling of
debts:
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2.1. The presidents of the provincial-level
People’s Committees (for projects managed by localities) and the ministers (for
projects managed by ministries) shall set up Councils to determine the ships’
prices according to market prices at the time of price determination, and at
the same time, organize the public auctions of the ships without any
discrimination or restriction on buyers, but must comply with the Regulation on
property auction, issued together with the Government’s Decree No. 86/CP of
December 19, 1996; the buyers shall not have to pay tax for the transfer of the
ownership right over the property.
2.2. In cases where the auction winners
immediately pay in lump-sum a money amount equal to the value of the ships upon
the auction, they shall not have to abide by conditions on ship purchase
prescribed by the lending organizations.
If the buyers are unable to immediately pay in
lump-sum a money amount equal to the value of the ships upon the auction, they
may acknowledge such amount as debts owed to the lending organizations with the
following conditions: having to immediately pay at least 50% of the value of
the ships upon the auction, fully meeting all lending conditions prescribed by
the lending organizations and having certification of local administrations.
2.3. The whole proceeds from the auction must be
repaid immediately to the lending organizations after subtracting all expenses
for the auction as prescribed. The difference between the value of the ships
after the auction and the payable debts (both principal and interest) shall be
handled as follows:
a) If the proceeds from the auction of the ships
are larger than the payable debts, after repaying debts and subtracting all
expenses for the ship auction, the remainder shall be returned to the former
investors.
b) If the proceeds from the auction of the ships
are smaller than the payable debts, the former investors shall have to
acknowledge the negative difference between the ship value after the auction
and the payable debts as their debts owed to the lending organizations
(including expenses for the ship auction) and must repay these debts within 2
years after the ship auction is completed. In cases where the former investors
are unable to repay these debts, the lending organizations shall coordinate
with local administrations in considering them on a case-by-case basis so as to
auction other properties in order to retrieve debts (both principal and
interest) according to law provisions. In cases where they do not have any more
property or the proceeds from the auction of their properties are not enough to
repay these debts, the investors shall have to compile and send dossiers
thereof (with the opinions of the provincial-level Committees or the managing
ministries) to the lending organizations for the latter to sum up and submit
them to competent agencies for consideration and handling.
Article 3.- Implementation organization
1. Vietnam State Bank and Development Assistance
Fund shall direct the lending organizations to specify the lending term for
each loan to each specific subject and provide detailed guidance on the change
of ship owners.
2. The lending organizations shall sum up,
verify and propose measures to handle irretrievable debts to the Finance
Ministry and Vietnam State Bank for consideration and submission to the Prime
Minister.
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4. The Peoples Committees of the provinces shall
have to coordinate with, and support the lending organization and concerned
agencies in, handling debts: to direct the classification of capital-borrowing
subjects so as to work out proper handling measures, ensuring the equality and
rationality; to enhance the dissemination and education among fishermen in
order to raise their sense of fulfilling their commitments in the
capital-borrowing contracts; and strictly handle cases of shirking the
obligations of repaying debts to the State.
Article 4.- This Decision takes effect 15 days after its
publication in the Official Gazette.
Article 5.- The ministers of Finance; Planning and
Investment; and Aquatic Resources, the Governor of Vietnam State Bank; the
general director of Development Assistance Fund and the presidents of the
provincial/municipal Peoples Committees shall have to implement this Decision.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung