THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
76/2001/TT-BTC
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Hanoi,
September 25, 2001
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CIRCULAR
GUIDING A NUMBER OF POINTS IN THE REGULATION ON EXPORT
SUPPORT CREDIT, ISSUED TOGETHER WITH THE PRIME MINISTER’S DECISION NO.
133/2001/QD-TTG OF SEPTEMBER 10, 2001
In furtherance of the Prime
Minister’s Decision
No.133/2001/QD-TTg of September 10, 2001 promulgating the Regulation on export support
credit, the Finance Ministry hereby provides specific guidance on a number of
points in the said Regulation as follows:
I. GENERAL
PROVISIONS
1. In this Circular, the
following words and phrases shall be construed as follows:
a/ Units mean subjects defined
in Article 3 of the Regulation on export support credit, issued together with
the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001.
b/ Export bidding participation
guarantee means a written commitment to ensure bidding participation obligation
of the exporter (the guaranteed party) towards the bid solicitor (the
guarantee-receiving party), issued by the Development Assistance Fund.
c/ Export contract performance
guarantee means a written commitment, issued by the Development Assistance Fund
to the importer (the guarantee-receiving party), to ensure the performance of
all obligations by the exporter (the guaranteed party) towards the importer.
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e/ Guarantee contract means a
written agreement between the Development Assistance Fund and the guaranteed
party, on the concerned parties rights and obligations in guarantee and
repayment.
f/ Credit institutions mean
those credit institutions set up and operating under the provisions of the Law
on Credit Institutions.
2. The Development Assistance
Fund is allowed to mobilize medium- and long-term capital; have its charter
capital and post-investment interest rate-support capital allocated and the
interest rate difference covered by the State budget under the State’s plan, for performance of the
export support credit task.
II. MEDIUM-
AND LONG-TERM INVESTMENT LOANS
1. Loan subjects: shall comply
with the provisions of Article 6 of the Regulation on export support credit,
issued together with the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001.
In cases where Vietnamese
enterprises borrow capital for contribution to joint-ventures with foreign
parties for the production, processing or order-production of export goods,
they must satisfy the following two requirements:
- The joint-venture project must
be granted the investment license by the competent agency as prescribed by law.
- The export value under the
plan on the sale of products of the joint-venture project makes up at least 80%
of the annual turnover.
2. Loan capital levels: shall
comply with the provisions of Article 8 of the Regulation on export support
credit, issued together with the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001.
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3. Loan security assets: shall
comply with the provisions of Article 12 of the Regulation on export support
credit, issued together with the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001.
In case of borrowing capital for
contribution to a joint-venture, the concerned unit must have assets for
mortgage or pledge, with the value equal to at least 30% of the loan capital
amount.
III.
POST-INVESTMENT INTEREST RATE SUPPORT
1. Subjects entitled to
post-investment interest rate support: shall comply with the provisions of
Article 13 of the Regulation on export support credit, issued together with the
Prime Minister’s Decision
No.133/2001/QD-TTg of September 10, 2001.
2. Principles for determination
of post-investment interest rate support
- The levels of post-investment
interest rate support for projects shall be determined on the basis of the
difference between the credit institutions’
lending interest rate and the State’s
development investment credit interest rate according to the following
principles:
+ Such levels shall apply to
both projects borrowing capital in domestic currency and those borrowing
capital in foreign currencies from credit institutions.
+ The interest rate difference
for calculation of the post-investment interest rate support levels shall be
equal to at most 50% of the State’s
development investment credit interest rate.
- The post-investment interest
rate support shall be provided to investors after the investment projects
(works, work items, projects) are completed and put into exploitation and use
and the investors have repaid debts (principals and interests) to credit
institutions.
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- For projects with frozen
debts, the debt-freezing duration shall not be counted into the actual loan
term for calculation of the post-investment interest rate support and the
maximum support duration shall be equal to the loan term stated in the credit
contract.
3. Determination of
post-investment interest rate support levels
- The post-investment interest rate
support levels shall be determined according to the following formula:
Post-investment
interest rate support level
=
The
due debt principal amount actually paid
x
The
credit institution’s
lending interest rate at the time of capital borrowing
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investment
credit interest rate at the same time of capital borrowing
x
The
actual loan term of the debt principal amount eligiblefor post-investment
interest rate support (converted according to years)
- The actual loan term for
calculation of post-investment interest rate support is the period of time from
the date of debt acknowledgement to the date of repayment of the due debt
principal to the credit institution, which shall be determined on the following
principles:
+ The determination of the
actual loan term for post-investment interest rate support shall be based on
the time of receiving loan capital as inscribed in the loan contract and the
time of repaying the debt principal by the concerned unit to the credit
institution, as inscribed in the debt-repayment voucher.
+ The period of time between the
first repayment of the due debt principal and the first disbursement of the
loan capital shall be used to calculate the actual loan term of the first-time
repaid debt principal, which shall serve as basis for backward calculation and
determination of the actual loan terms of the debt principal amounts to be
repaid subsequently.
- For projects borrowing capital
in foreign currencies, the post-investment interest rate support levels shall
be determined the orginal currency. That, together with the USD/VND average
exchange rate on the inter-bank market or cross exchange rates applied to
different foreign currencies and Vietnam dong announced by the State Bank of
Vietnam at the time of providing the support money, shall serve as basis for
determination of the post-investment interest rate support levels in Vietnam
dong for the projects.
IV.
INVESTMENT CREDIT GUARANTEE
1. Subjects eligible for
guarantee for borrowing investment capital: shall comply with the provisions of
Article 16 of the Regulation on export support credit, issued together with the
Prime Minister’s Decision
No.133/2001/QD-TTg of September 10, 2001.
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When units are unable to repay
debts under the signed credit contracts, the capital-lending credit
institutions shall coordinate with the Development Assistance Fund and
concerned agencies in applying the law-prescribed measures to supervise and
speed up the recovery of debts from the capital-borrowing units or allowing
these units to reschedule debts under the regulations of the credit
institutions.
After applying measures for debt
recovery, if the capital-borrowing units still fail to acquire enough capital
sources to repay debts on schedule, the following handling measures shall apply:
- On the last day of each
quarter, the capital-lending credit institutions shall notify in writing the
Development Assistance Fund of the overdue loan capital amount arising in the
quarter.
- The Development Assistance
Fund shall conduct an inspection and must, within 15 days, repay the credit
institutions a money amount equal to 50% of the overdue loan capital amount
arising in that quarter. The total money amount to be repaid by the Development
Assistance Fund to the credit institutions on behalf of the units shall be
equal to 50% of the total overdue debts arising under projects, which, however,
must not exceed 50% of the guarantee levels already agreed upon in the
guarantee contracts between the Development Assistance Fund and respective
units.
In cases where the Development
Assistance Fund provides guarantee for only part of the loan capital of a
project, the money amount to be repaid by the Development Assistance Fund to
the concerned credit institution on behalf of the unit shall also be determined
according to the proportion of the guaranteed capital amount to the total
investment capital amount of the project, based on the above-mentioned
principle.
- The capital-borrowing units
shall have to acknowledge compulsory debts with the Development Assistance Fund
regarding the money amounts that the latter have repaid for them at the
penalizing interest rate of 130% of the credit institutions lending interest
rate currently applied to their loans.
- When having capital sources to
repay debts, units shall have to repay them simultaneously to credit
institutions and the Development Assistance Fund in equal proportions (50:50).
- The post-investment created
assets shall be managed by credit institutions. In cases where the
post-investment created assets must be handled for overdue debt repayment, the
proceeds from the asset disposal must also be paid to the credit institutions
and the Development Assistance Fund in equal proportions (50:50).
V. SHORT-TERM
LOANS
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- For units with projects on the
production, processing or order-production of export goods prescribed in Clause
1, Article 6 of the Regulation on export support credit, issued together with
the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001, which have been lent the
State’s development
investment credit capital by the Development Assistance Fund, if within the
capital-borrowing time limit they can sign contracts on the export of the
projects’ products, they
shall, in the first year after signing such contracts, be granted short-term
credit capital loans as export support by the Development Assistance Fund.
2. Lending principles
- The lending of short-term
capital in support of export shall be effected for each export contract signed
between the units and the importer.
- At each point of time, an
export contract may apply only one form of short-term capital loans (loans
granted either before or after the goods delivery).
3. Loan capital level
- Lending before goods delivery:
after signing an export contract, the concerned unit may borrow capital to
purchase raw materials, materials and other production elements for performance
of the export contract. The loan capital level shall not exceed 70% of the
export contract’s value. In
cases where the importer has opened a L/C, the loan level shall be equal to at
most 80% of the value of the effective L/C.
- Lending after goods delivery
shall apply when a unit has valid bills of exchange or set of export goods
vouchers. The lending level shall not exceed 90% of the value of the valid
bills of exchange or export goods voucher set.
- For goods items exported under
quotas, the maximum lending level shall be equal to the remaining goods value
within the quotas, calculated to the time of capital borrowing.
4. Loan security
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- Lending after goods delivery:
The capital-borrowing units may use valid bills of exchange or export goods
voucher set to prove the borrowing of capital.
5. Repayment of loan principals
and interests
- Repayment of loan principals:
The loan principals shall be repaid in lump-sum or installments correspondingly
to the payment schedules stipulated in the export contracts.
- Payment of loan interests: the
loan interests shall be paid every month.
VI. BIDDING
PARTICIPATION GUARANTEE AND CONTRACT PERFORMANCE GUARANTEE
1. Subjects eligible for
guarantee
Subjects eligible for bidding
participation guarantee and contract performance guarantee include:
- Subjects defined in Clauses 1
and 2, Article 21 of the Regulation on export support credit, issued together
with the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001, which shall be announced
annually or periodically by the Prime Minister at the proposal of the Trade
Ministry.
- Units with projects on the
production, processing or order-production of export goods that have been lent
the State’s development
investment credit capital by the Development Assistance Fund, if having demand
within the capital-borrowing time limit, may be provided with one-year bidding
participation guarantee or contract performance guarantee by the Development
Assistance Fund.
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The determination of time limit
for bidding participation guarantee or contract performance guarantee shall be
based on the time limits for obligation performance by units at the requests of
bid solicitors and importers as inscribed in the bidding dossiers or export
contracts.
3. Currency used in guarantee
- The currency used for bidding participation
guarantee shall be identified according to the units’
obligations stated in the bidding dossiers or export contracts.
- The currency used for contract
performance guarantee shall be identified according to the units’ obligations stated in the
export contracts.
4. Guarantee levels
- For bidding participation
guarantee: The maximum guarantee level shall be equal to 3% of the bid price.
In cases where at the time of signing a guarantee contract, the bid price has
not been determined, the guarantee level shall be based on the obligations of
the bid-participating unit as prescribed in the bidding dossier.
- For contract performance
guarantee: The maximum guarantee level shall be equal to 10% of the contractual
value.
- The total level of bidding participation
guarantee, export contract performance guarantee and investment credit
guarantee provided by the Development Assistance Fund must not exceed the total
amount of the State’s
development investment credit capital in that year.
5. Guarantee charges
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- In case of reciprocal
guarantee, the guarantee letter issuance charge shall be paid by the
Development Assistance Fund under the regulations of credit institutions. The
Development Assistance Fund is allowed to account this charge amount into its
professional operation expenses.
6. Performance of guarantee
obligation
- In cases where the units fail
to strictly comply with bidding regulations or perform their obligations stated
in export contracts, the Development Assistance Fund shall perform its
guarantee obligation according to the commitments in guarantee letters.
- In case of reciprocal
guarantee, when the guarantee obligation arises, credit institutions shall pay
money to the guarantee-receiving party according to the commitments in
guarantee letters. The Development Assistance Fund shall reimburse this money
amount to credit institutions in Vietnam dong (to be converted at the sale
price of the guarantee currency announced by the Bank for Foreign Trade of
Vietnam at the time of reimbursement).
7. Acknowledgement of compulsory
debts
- In cases where the Development
Assistance Fund performs the guarantee obligation, the concerned units shall
have to acknowledge compulsory debts with the Development Assistance Fund,
converting the payable money amount into Vietnam dong at the sale price of the
guarantee currency as announced by the Bank for Foreign Trade of Vietnam at the
time the money is paid by the Development Assistance Fund.
- In case of reciprocal
guarantee, when the guarantee obligation arises, units shall have to
acknowledge compulsory debts with the Development Assistance Fund for the money
amounts already paid in Vietnam dong by the Development Assistance Fund to
credit institutions.
- The interest rate applicable
to the acknowledgement of compulsory debts shall be equal to 150% of the
interest rate applicable to short-term credit capital loans in support of
export.
VII.
DEBT-SECURITY ASSETS AND RISK HANDLING
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2. The risk handling shall
comply with the provisions of the Regulation on export support credit issued
together with the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001 and the Finance Ministry’s guidance.
VIII.
INTEREST RATE DIFFERENCE SUBSIDIES
The granting of interest rate difference
subsidies for the Development Assistance Fund to perform its export support
credit task shall comply with the Finance Ministry’s
guidance on the granting of interest rate difference subsidies for the State’s investment credit loans.
IX.
ACCOUNTANCY COST-ACCOUNTING AND REPORTING REGIME
1. Accountancy cost-accounting
The Development Assistance Fund
shall carry out the accountancy cost-accounting for export support credit
activities according to the following principles:
- The capital source for export
support credit activities shall be accounted and monitored as part of the
operational capital sources of the Development Assistance Fund.
- The export support credit
activities (using capital) of the Development Assistance Fund shall be
accounted and monitored separately under the Finance Ministry’s guidance.
2. Reporting regime
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- In addition to the periodical
reports, when necessary, the Development Assistance Fund shall make
extraordinary or specialized reports at the request of the Finance Ministry.
- The tables and forms of statistical
report on the situation of export support credit activities include:
+ Report on short-term loans for
export support (monthly, annual), form No.B01-TDXK
+ Report on medium- and
long-term loans for export support (monthly, annual), form No.B02-TDXK
+ Report on the granting of
post-investment interest-rate export-support credit, form No.B03-TDXK
+ Report on export support
credit guarantee, form No.B04-TDXK
X.
ORGANIZATION OF IMPLEMENTATION
1. Responsibilities of the
Development Assistance Fund
a/ To elaborate the export
support credit plan to be submitted to the Ministry of Planning and Investment
and the Finance Ministry, with the following contents:
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- The capital mobilization plan
and solution for performance of the export support credit task;
- The plan on interest rate
difference subsidies and post-investment interest-rate support.
b/ To organize and carry out
export support credit activities strictly according to the provisions of the
Regulation on export support credit, issued together with the Prime Minister’s Decision No.133/2001/QD-TTg of
September 10, 2001 and this Circular’s
provisions.
c/ To guide the order,
procedures and operational process for the granting of medium- and long-term
loans; to provide post-investment interest rate support, short-term loans and
export support-credit guarantee.
d/ To implement the prescribed
information and reporting regime.
2. Responsibilities of the
Finance Ministry
- To guide and supervise the
Development Assistance Fund in the performance of export support credit
activities.
- To conduct regular or
extraordinary inspection of export support credit activities of the Development
Assistance Fund.
- To coordinate with the
concerned ministries and branches in handling according to competence or
submitting to the Prime Minister for consideration and handling the suggestions
and proposals on export support credit activities.
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1. This Circular takes effect as
from September 26, 2001.
2. Projects entitled to
post-investment interest-rate support under the Regulation on export support
credit, issued together with the Prime Minister’s
Decision No.133/2001/QD-TTg of September 10, 2001, which had signed interest
rate-support contracts with the Development Assistance Fund before September
26, 2001 (stipulated in Circular No.51/2001/TT-BTC of June 28, 2001), shall
also comply with the provisions of this Circular.
In the course of implementation,
if any problem arises, it should be reported to the Finance Ministry for study
and settlement.
FOR
THE FINANCE MINISTER
VICE MINISTER
Le Thi Bang Tam