THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
133/2001/QD-TTg
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Hanoi,
September 10, 2001
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DECISION
PROMULGATING THE REGULATION ON EXPORT SUPPORT CREDIT
THE PRIME MINISTER
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the June 1, 1998 Law No.03/1998/QH on Domestic Investment Promotion
(amended);
Pursuant to the Government’s Decree No.50/1999/ND-CP of July 8, 1999 on organization
and operation of the Development Assistance Fund;
Pursuant to the Government’s Resolution No.05/2001/NQ-CP of May 24, 2001;
At the proposal of the Finance Minister,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on export support credit.
The Development Assistance Fund shall perform the task of export support credit
according to the provisions of this Regulation.
Article 2.- To raise the
level of the Development Assistance Fund’s charter capital to VND 5,000 billion.
Article 3.- This
Decision takes effect 15 days after its signing.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
REGULATION
ON EXPORT SUPPORT CREDIT
(Promulgated together with the Prime Minister’s Decision No.133/2001/QD-TTg
of September 10, 2001)
Chapter I
GENERAL PROVISIONS
Article 1.- Export
support credit is the State’s preference aiming to support enterprises,
economic organizations and individuals in developing the production and trading
of export goods under the State’s policy on export promotion.
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1. Medium- and long-term export support credit,
including:
a) Medium- and long-term investment loans;
b) Post-investment interest rate support;
c) Investment credit guaranty.
2. Short-term export support credit, including:
a) Short-term loans (including loans provided to
enterprises exporting goods with deferred payment of up to 720 days);
b) Bidding participation guaranty and contract
performance guaranty.
Article 3.- Objects of
application
1. State enterprises.
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3. Limited liability companies.
4. Partnerships.
5. Private enterprises.
6. Cooperatives, unions of cooperatives.
7. Family households and individuals with
business registration.
(Hereinafter referred collectively to as units).
Article 4.- Currency
for loan provision and debt repayment
1. Lending currency: Vietnam dong
2. Debt repayment currencies: Units shall repay
debts in Vietnam dong. Units with freely convertible currencies may repay debts
in foreign currencies at the buying rates of the Bank for Foreign Trade of
Vietnam at the time of debt repayment.
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Chapter II
MEDIUM- AND LONG-TERM
EXPORT SUPPORT CREDIT
Section I. MEDIUM- AND
LONG-TERM INVESTMENT LOANS
Article 6.- Lending
objects
1. Units with projects on the production,
processing, order-production of export goods and with export values under their
plans on sale of products of the projects being at least equal to 30% of their
annual turnover.
2. Units having demand to borrow capital for
contribution of investment capital to joint-venture projects on the production,
processing or order-production of export goods by Vietnamese enterprises, with
export values under their plans on sale of products of the joint-venture
projects being at least equal to 80% of their annual turnover.
Article 7.- Lending
conditions
1. Being objects prescribed in Article 6 of this
Regulation.
2. Having financial plans, loan repayment plans,
appraised by the Development Assistance Fund before deciding the investment.
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4. The investors have the financial capability
to repay debts within the committed time limits.
5. Having implemented the regulations on loan
guaranty prescribed in Article 12 of this Regulation.
Article 8.- Borrowed
capital levels
1. Group A projects shall comply with the Prime
Minister’s decisions.
2. Groups B and C projects shall comply with the
investment decisions of competent authorities, but the borrowed capital levels
must not exceed 90% of the projects investment capital.
The annual lending level shall be made according
to project’s tempo.
Article 9.- The
applicable lending interest rate shall be the development investment credit
interest rate of the State.
Article 10.- The
maximum lending term shall be 10 years. In special cases where the lending term
is more than 10 years, it shall be decided by the Finance Minister at the
proposal of the General Director of the Development Assistance Fund.
Article 11.- Loan debt
repayment
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a) Fixed asset depreciation or sources of
collected charges on the use of assets formulated from borrowed capital;
b) After-tax profits and other lawful sources of
the investors.
2. If due debts cannot be repaid, the debt
amounts which cannot be repaid shall be turned into overdue debts and investors
shall have to bear the interest rate on overdue debts.
Article 12.- Investors
may use assets formulated from the borrowed capital to secure loans. When they
have not paid up all their debts yet, the investors must not assign, sell,
donate, give as presents, mortgage, pledge or secure the assets as guaranty to
borrow capital at other places.
Section II. POST-INVESTMENT
INTEREST RATE SUPPORT
Article 13.- Subjects
entitled to post-investment interest rate support
Units with projects prescribed in Clause 1,
Article 6 of this Regulation but having not yet been provided with preferential
loans or investment credit guaranty of the State, while the investors borrow
capital of credit institutions lawfully operating in Vietnam.
Article 14.- Conditions
to enjoy post-investment interest rate support
1. Units with projects prescribed in Article 13
of this Regulation, have completed and put the projects to use, and repaid
their borrowed capital according to the credit contracts.
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Article 15.- The level
of post-investment interest rate support for each project is equal to the
difference between the loan interest rate of the credit institution and the
development investment credit interest rate of the State at the time of
withdrawal of borrowed capital. To assign the Finance Minister to guide in
detail the post-investment interest rate support.
Section III. INVESTMENT
CREDIT GUARANTY
Article 16.- Subjects
entitled to guaranty
Projects prescribed in Clause 1, Article 6 of this
Regulation, when borrowing capital from credit institutions lawfully operating
in Vietnam, that have demand for guaranty.
Article 17.- Guaranty
conditions
1. Being subjects entitled to investment credit
guaranty prescribed in Article 16 of this Regulation, but having not yet
borrowed capital or have borrowed part of the development investment credit
capital of the State.
2. Having the investment projects already
appraised by the credit institutions which have agreed to provide loans, having
filed written request to the Development Assistance Fund for guaranty.
3. The Development Assistance Fund agrees to
provide guaranty on the basis of the appraisal results of the credit
institutions.
Article 18.- The
guaranty level for each project shall be decided by the Development Assistance
Fund but shall not exceed 100% of the borrowed capital of the credit
institutions within the total investment capital as provided for by law.
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Article 20.- Financial
liability when investors are unable to repay debts
Where investors cannot repay loan debts
according to the signed credit contracts,
1. The capital-lending credit institutions and
the Development Assistance Fund shall jointly and equally bear the financial
liability for the guaranteed amount.
2. The investors must acknowledge compulsory
debts with the Development Assistance Fund for the amount paid for them by the
Development Assistance Fund at the penalizing interest rate being 130% of the
lending interest rates of the credit institutions.
3. When having sources for debt repayment, the
investors shall have to simultaneously repay debts to the credit institutions
and the Development Assistance Fund in equal proportions.
Chapter III
SHORT-TERM EXPORT
SUPPORT CREDIT
Section I. SHORT-TERM CAPITAL
LOANS
Article 21.- Subjects
entitled to short-term capital loans shall be units which export goods,
including:
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2. Contracts for exportation into new markets or
the maintenance of traditional markets according to the regulations of the
Prime Minister.
3. Units with projects prescribed in Clause 1,
Article 6 of this Regulation, which have been provided by the Development
Assistance Fund with investment credit loan capital, short-term loan capital in
the first year of signing the export contracts since the projects are completed
and put into production.
Article 22.- Lending
conditions
1. Being subjects entitled to short-term loans
prescribed in Article 21 of this Regulation.
2. Having production and business plans and debt
repayment capability.
3. Having export contracts.
4. Implementing the loan security provisions in
Article 26 of this Regulation.
Article 23.- Lending
interest rates
The short-term lending interest rate shall be
equal to 80% of the development investment credit interest rate of the State at
the time of signing the credit contract and be fixed throughout the capital
borrowing term. The overdue debt interest rate shall be equal to 150% of the
interest rate on immature debts.
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Where loans are provided for the export of goods
with deferred payment of up to 720 days, the list of goods items prescribed by
the Prime Minister shall be complied with.
Article 25.- Lending
forms
1. Lending before goods delivery
Units can borrow short-term loans for the
purchase of raw materials, materials and production elements to perform the
export contracts.
The borrowing levels shall not exceed 80% of the
L/C value or not exceed 70% of the export contract value. 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.
2. Lending after goods delivery
The lending after goods delivery shall be
effected when units have valid bills of exchange.
a) Valid bills of exchange are those issued by
Vietnamese exporting units strictly according to international practices on
bills of exchange, enclosed with sets of export goods vouchers suitable to the
conditions of L/C issued by foreign banks or the foreign banks have endorsed
the payment;
b) The lending level: The maximum level is equal
to 90% of value of valid bills of exchange.
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1. For pre-good delivery lending, the
capital-borrowing units must have assets for mortgage, pledge, with the minimum
value being equal to 30% of the borrowed capital amount.
2. For the lending of valid bills of exchange,
units must produce the valid bills of exchange, enclosed with sets of export
goods vouchers to prove the capital borrowing.
Section II. BIDDING
PARTICIPATION GUARANTY AND CONTRACT PERFORMANCE GUARANTY
Article 27.- Units
being subjects prescribed in Article 21 of this Regulation shall be provided
with bidding participation guaranty or contract performance guaranty if they
have demand therefor.
1. The maximum guaranty level shall not exceed
3% of the bid price (for bidding participation guaranty), and 10% of the
contractual value (for contract performance guaranty).
2. The guaranty time limits shall be in line
with the time limits for performance of obligations by units.
3. Units provided with bidding participation
guaranty and/or contract performance guaranty shall not have to pay guaranty
charge.
4. Where the Development Assistance Fund has to
pay the importing parties the guaranteed sums of money, the guaranteed units
must acknowledge compulsory debts with the Development Assistance Fund for the
sums of money paid on their behalf at the penalizing interest rate being equal
to 150% of the interest rate on short-term credit loan capital in support of
export.
Chapter IV
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Article 28.- Units
facing risks which render them unable to repay their loan debts according to
credit contracts shall, depending on the causes and extents, be handled as
follows:
1. Due to objective, force majeure causes:
natural calamities, unexpected fires which cause property loss; due to
readjustment of State policies; due to domestic and overseas market price
fluctuation which greatly affects trade activities; importers or banks in
service of importers have gone bankrupt, thus being unable to make payment for
units, the units shall be considered for debt extension, loan interest
exemption or reduction, debt freezing. For special cases, loan debts may be
partially or fully written off.
2. Other cases shall be handled according to the
provisions of law.
Article 29.- Risk-handling
competence
1. For projects on medium- and long-term capital
borrowing, credit guaranty in support of export.
a) The debt extension shall be decided by the
General Director of the Development Assistance Fund;
b) The loan interest exemption and reduction
shall be decided by the Finance Minister, based on the proposal of the General
Director of the Development Assistance Fund;
c) The debt freezing or remission shall be
decided by the Prime Minister, based on the proposal of the General Director of
the Development Assistance Fund and the opinions of the Finance Ministry.
2. Units which borrow short-term loans shall be
provided with bidding participation guaranty and export contract performance
guaranty.
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b) The debt freezing and remission shall be
decided by the Finance Minister on the basis of the proposal of the General
Director of the Development Assistance Fund.
Article 30.- Deduction
for setting up risk reserve fund
Annually, the Development Assistance Fund may
make deduction for setting up risk reserve fund to handle risks incurred due to
units incapability to repay loan debts according to credit contracts.
1. The deduction for setting up risk reserve fund
for medium- and long-term investment projects shall comply with the
Government’s stipulations on development investment credit of the State.
2. The deduction for setting up risk reserve
fund for short-term loans, bidding participation guaranty and export contract
performance guaranty shall be carried out as follows:
a) Deducting 10% calculated on the debit balance
of short-term loans which have become overdue for less than 181 days and the
amount of money already paid by the Development Assistance Fund on behalf of
the units guaranteed by the Fund, but not yet recovered within a duration of
less than 61 days;
b) Deducting 20% calculated on the debit balance
of the short-term capital loans which have become overdue for between 181 days
and 361 days and the amount of money already paid by the Development Assistance
Fund on behalf of units guaranteed by the Fund, but not yet recovered within a
duration of between 61 days and under 181 days;
c) Deducting 30% calculated on the debit balance
of short-term loans which have become overdue for 361 days or more and the
amount of money already paid by the Development Assistance Fund on behalf of
units guaranteed by the Fund, but not yet recovered within the duration of 181
days or more.
3. The deduction amounts for setting up risk
reserve fund shall be accounted into expenses for professional operation of the
Development Assistance Fund.
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SOURCES OF CREDIT
CAPITAL IN SUPPORT OF EXPORT
Article 31.- The
sources of capital to make export-support credit shall be incorporated in the
plans on the State’s development investment credit assigned annually to the
Development Assistance Fund by the Prime Minister, including:
1. The charter capital allocated by the State
budget.
2. Capital annually allocated directly by the
State budget for the performance of export- support tasks.
3. Capital mobilized in the country by the
Development Assistance Fund.
4. Capital mobilized from abroad by Development
Assistance Fund.
5. Other lawful capital sources.
Article 32.- The
Development Assistance Fund shall be provided by the State budget with
subsidies for the interest rate difference for the performance of the task of
export support credit.
The Finance Minister shall guide in detail the
provision of subsidies for interest rate difference.
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POWERS AND
RESPONSIBILITIES OF THE STATE MANAGEMENT AGENCIES AND DEVELOPMENT ASSISTANCE
FUND
Article 33.- The
Finance Ministry shall have the power and responsibility:
1. To guide, inspect and supervise the
Development Assistance Fund in providing export support credit strictly
according to this Regulation.
2. To coordinate with the Ministry of Planning
and Investment in submitting to the Prime Minister for decision the capital
plans and sources to provide export-support credit.
3. To allocate State budget annually; guide the
Development Assistance Fund in mobilizing capital for the performance of task
of providing credit in support of export.
4. To handle risks according to competence or
report them to the Prime Minister for handling according to Article 29 of this
Regulation.
5. To report to the Prime Minister on the
situation of providing export support credit; to propose financial solutions to
the promotion of export- support credit activities.
Article 34.- The
Ministry of Planning and Investment shall have the power and responsibility:
1. To base itself on the export development
objectives and orientations to draw up and submit to the Prime Minister for
assignment the annual plan to the Development Assistance Fund on sources of
credit capital in support of export according to support form.
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Article 35.- The Trade Ministry
shall have the power and responsibility:
1. To assume the prime responsibility and
coordinate with the Ministry of Finance and the Ministry of Planning and
Investment, in drawing up and submitting to the Prime Minister for approval the
export goods development programs, the export goods promotion priority programs
for each year or each period.
2. To report to the Prime Minister for decision
cases entitled to short-term loans under the provisions in Clause 1, Clause 2
of Article 21 of this Regulation.
3. To widely publicize information on export
markets; to inspect and guide exporting units in carrying out export
activities; to propose solutions to the market expansion and development.
Article 36.- The
Vietnam State Bank shall have the power and responsibility:
1. To direct the commercial banks to coordinate
with the Development Assistance Fund in organizing the performance of the task
of export support credit.
2. The Development Assistance Fund can effect
payment and organize domestic and international payment services to perform the
task of export-support credit. The State Bank of Vietnam shall guide the
implementation thereof.
Article 37.- The
ministries, the ministerial-level agencies, the agencies attached to the
Government, the People’s Committees of the provinces and centrally-run cities
and the Corporations 91 shall have the power and responsibility:
1. To widely publicize the planning on
development of branches, fields, products, territorial regions in each period
for use as basis for the elaboration and implementation of the credit policy in
support of export.
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Article 38.- The
Development Assistance Fund have the power and responsibility:
1. To draw up and report to the Ministry of
Planning and Investment and the Finance Ministry the plans on the following:
a) The total credit capital in support of export
in various forms of support;
b) The capital mobilization and mobilization
solutions in order to perform the task of export support credit.
2. To organize and implement the task of
providing credit in support of export strictly according to the provisions of this
Regulation.
3. To guide the operational process of export
support credit.
4. To handle risks according to the provisions
in Article 29 of this Regulation.
5. To quarterly and annually report to the Prime
Minister, the Finance Minister and the Minister of Planning and Investment on
the situation of providing export support credit.
Chapter VII
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Article 39.- The
Finance Minister, the Planning and Investment Minister, the Trade Minister, the
Vietnam State Bank Governor, the General Directors of Corporations 91, the
Managing Board chairman and the General Director of the Development Assistance
Fund shall guide the implementation of this Regulation.