Chapter VI
STATE ENTERPRISES' USE OF ODA AND CONCESSIONAL LOANS OF FOREIGN DONORS
Article 51. Areas needing and conditions for use of ODA and concessional loans of foreign donors
1. State enterprises may use ODA and concessional loans of foreign donors for investment in the projects in the priority areas referred to in Article 5 hereof according to the industries and business sectors specified in establishment decisions or enterprise registration certificates.
2. Conditions for use of ODA and concessional loans of foreign donors:
a) State enterprises eligible to use ODA and concessional loans of foreign donors must be enterprises of which charter capital is wholly held by the State and subsidiaries thereof;
b) State enterprises may be granted all foreign ODA and concessional loans on-lent in accordance with the Government’s regulations on on-lending of foreign ODA and concessional loans;
c) State enterprises shall agree to record increases in the state capital contributions in enterprises if the state uses ODA grants associated with ODA and concessional loans (if any) as such capital contributions for implementation of investment projects.
Article 52. Project proposal
1. Order and procedures for approval; documentation requirements and time limits for considering; criteria for selecting the program/project proposal shall comply with the regulations laid down in Article 13 herein.
2. The managing agency shall send the Ministry of Planning and Investment and the Ministry of Finance the proposal for project funded by foreign ODA and concessional loan.
3. The Ministry of Finance shall take the lead for determining the grant elements, evaluating the impact of new loans on the public debt safety thresholds, and reporting to the Prime Minister in accordance with the Law on Public Debt Management and to the Ministry of Planning and Investment.
4. The Ministry of Planning and Investment shall incorporate the comments of the Ministry of Finance, other relevant agencies and foreign donors into a report to be submitted to the Prime Minister to seek his decision.
5. The Prime Minister shall consider approving the proposals for program/project funded by ODA and concessional loan of the state enterprises as per clause 1 and 2 of Article 29 in the Law on Public Debt Management and clause 1 of Article 13 herein.
6. Based on the decision on approval of the project proposal issued by the Prime Minister, the managing agency shall assign concerned agencies and organizations to prepare the project in accordance with relevant regulations.
Article 53. Assent to investment policy
1. Authority to grant assent to investment policy shall be subject to the regulations laid down in Article 30, 31 and 32 of the Law on Investment.
2. Documentation requirements, order and procedures for assent to the investment policy shall be subject to Article 33, 34, 35 and 36 of the Law on Investment.
Article 54. Investment decision
Authority, documentation requirements, order and procedures for decision on investment in the project funded by ODA and concessional loans of foreign donors that are fully on-lent to the state enterprises shall be subject to law on enterprises, construction, management and use of state capital invested in production and business activities at enterprises, and other relevant regulations.
Article 55. Signing, amending, supplementing and renewing international treaties or agreements on ODA and concessional loans
Signing, amending, supplementing or renewing international treaties on ODA and concessional loans shall comply with the regulations laid down in Chapter IV herein and Article 29 of the Law on Public Debt Management.
Article 56. On-lending of ODA and concessional loans
On-lending of ODA and concessional loans shall be subject to the Law on Public Debt Management and the Government’s regulations on on-lending of ODA and concessional loans of foreign donors.
Article 57. Project modification
1. Project modification shall comply with Article 41 in the Law on Investment and the Government's regulations elaborating on and providing instructions for implementation of a number of Articles of the Law on Investment.
2. Where modification of a program/project leads to any increase in total amount of ODA and concessional loan of the foreign donor, the managing agency shall carry out the procedures for modification of the project proposal and assent to the investment policy in accordance with Article 52 and 53 herein.
Article 58. Setting 5-year on-lending limits, developing annual on-lending plans and limits
Setting 5-year on-lending limits, developing annual on-lending plans and limits shall comply with the regulations laid down in the Law on Public Debt Management and relevant regulatory provisions.
Article 59. Management, implementation, supervision, evaluation and reporting regime
Management, implementation, supervision, evaluation and reporting regime shall be subject to regulations currently in force.
Tìm kiếm
Nghị định 114/2021/NĐ-CP (Bản Word)
Nghị định 114/2021/NĐ-CP (Bản Pdf)
