Nghị định 106/2008/NĐ-CP sửa đổi Nghị định 151/2006/NĐ-CP về tín dụng đầu tư và tín dụng xuất khẩu của Nhà nước

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./.

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)