Decree No. 106/2008/ND-CP amending, supplementing a number of articles of Decree đã được thay thế bởi Decree No. 75/2011/ND-CP on state investment credit and export credit và được áp dụng kể từ ngày 20/10/2011.
Nội dung toàn văn Decree No. 106/2008/ND-CP amending, supplementing a number of articles of Decree
THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No.: 106/2008/ND-CP | Hanoi, September 19, 2008 |
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);"
2. Amending Clause 2 Article 4 as follows:
"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:
"6. Presiding over coordination with the Ministry of Planning and Investment to appraise the annual and long-term investment credit plans and export credit of the State compiled by the Vietnam Development Bank and submits to the Prime Minister for decision in the State budget estimation and the economic – social development plan."
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 |
LIST
OF PROJECTS OF THE INVESTMENT CREDIT LOAN
(Issuing together with the Decree No.106/2008/ND-CP dated September 19, 2008 of the Government)
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 | Projects of building concentrated housing funds for workers in industrial parks, economic zones, export-processing zones; student’s dormitories. |
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 | Projects on development of plant varieties and animal breeds, forest saplings. |
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 | Projects on manufacture of diesel engines of 300 CV or more. |
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 | Projects of investment in DAP production and nitrogenous fertilizer. |
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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