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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
106/2008/ND-CP
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Hanoi, September 19, 2008
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DECREE
AMENDING,
SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO.151/2006/ND-CP DATED DECEMBER 20,
2006 OF THE GOVERNMENT ON INVESTMENT CREDIT AND EXPORT CREDIT OF THE STATE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on the State Budget dated December 16, 2002;
Pursuant to the Law on Investment dated November 29, 2005;
Pursuant to the Law on Credit Institutions dated February 12, 1997 and the Law
Amending, Supplementing a Number of Articles of the Law on Credit Institutions
dated May 16, 2004;
At the proposal of the Ministry of Finance,
DECREES:
Article 1.
Amending, supplementing a number of Articles of Decree No.151/2006/ND-CP
dated December 20, 2006 of the Government on investment credits and export
credits of the State as follows:
1.
Amending point a Clause 2 Article 1 as follows:
"a)
Enterprises and economic organizations, public service units with collection to
ensure operational expenses or a part of it which have projects subjective to
investment loans, investment credit guarantees or post-investment supports
(hereinafter called as investors);"
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"2. The
Ministry of Finance shall preside over appraisal of annual and long-term
investment credit plans and export credit of the State compiled by the Vietnam
Development Bank and sends to the Ministry of Planning and Investment for
synthesis, submitting to the Prime Minister for decisions in economic – social
development plan."
3.
Amending Clause 2 Article 10 as follows:
"2.
Investment loan interest rate in Vietnam dong shall equal to interest rate of
government bond of 5 years term plus 1% per year."
4.
Annulling Clause 3 Article 10.
5.
Amending Clause 1 Article 14 as follows:
"1.
Assigning the Ministry of Finance to decide on post-investment support level on
the basis of the difference between the investment loan interest rate of credit
institutions and the investment credit loan interest rate of the State;
encouraging investors seeking capital source with reasonable costs."
6.
Amending Clause 2 Article 39 as follows:
"2. Risk
handling measures which may be considered for application include rescheduling
debts, freezing or forgiving debts (both principals and interests) and selling
debts."
7.
Supplementing Clause 6 Article 44 as follows:
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Article 2.
Replacing the List of projects of the investment credit loan issuing together
with Decree No.151/2006/ND-CP dated December 20, 2006 by the List of projects
of the investment credit loan issuing together with this Decree.
The Ministry
of Finance presides over coordination with relative Ministries, Branches
submitting to the Government for supplementing, modifying the List of projects
of the investment credit loan and the List of export credit loan goods when
necessary.
Article 3.
This Decree takes effect after 15 days since the date of issuing in the
Official Gazette.
The
Ministries, Heads of Ministerial-level agencies, Heads of Governmental agencies
and Chairmen of the People’s Committees of centrally-affiliated cities and
provinces, Chairman of management board and General Director of Vietnam
Development Bank are responsible for the implementation of this Decree./.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
LIST
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STT
BUSINESS LINES, DOMAINS
I
Socio-economic
infrastructures (regardless of geographical areas)
1
Projects of investment in the
building of clean water supply works for daily life.
2
Projects of investment in the
building of wastewater and garbage treatment works in urban centers,
industrial parks, economic zones, export-processing zones, hi-tech parks,
hospitals and clusters of industrial craft villages.
3
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4
Projects of investment in infrastructures,
expansion and upgrading of, new construction and equipment in domain of
socialization: education and training, vocational training, health service,
cultures, sports, environment to be of the List of enjoying development
promotion policy according to decision of the Prime Minister.
II
Agriculture, rural areas
(regardless of geographical areas)
1
Projects of new building or
expansion of concentrated cattle and poultry processing and slaughtering
establishments.
2
Projects on development of
aquatic breeds.
3
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III
Industry (regardless of
geographical areas)
1
Projects of investment in deep
processing from mineral ores:
- Production of aluminum, with
a minimum capacity of 300,000 tons/year; production of metallic aluminum,
with a minimum capacity of 100,000 tons/year;
- Production of Ferro-alloy,
with a minimum capacity of 1,000 tons/year;
- Production of non-ferrous metals,
with a minimum capacity of 5,000 tons/year;
- Production of titanium
dioxide powder, with a minimum capacity of 20,000 tons/year.
2
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3
Projects of investment in building
new train carriages and assembly of train locomotives.
4
Projects of investment in
production of antibiotics from input material to finished products,
detoxification drugs, commercial vaccines and anti-HIV/AIDS drugs; production
of veterinary medicine reaching GMP standard.
5
Projects of investment in the
building of power plants from wind, Projects of investment in the building of
power generating plants using new energy and renewable energy.
6
Projects of investment in the building
of small hydroelectric power plants with capacity of equal to 50 MW or less
to be of areas with difficulties special socio-economic conditions; building
of wind power plants.
7
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IV
Projects of investment in
geographical areas with difficult socio-economic conditions or exceptional
difficulties; projects in geographical areas inhabited by Khmer ethnic minority
people, communes covered by Program 135 and border communes covered by
Program 120, alluvium communes not including hydroelectric power plants
(except for the projects referred to in point 6 Item III of this List),
thermal power projects, cement production, steel, road projects, bridges,
railways and railway bridges).
V
Lending projects under the
Governments agreements; projects on offshore investment under the Prime
Ministers decisions.
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