Decision No. 02/2000/QD-BTC promulgates the Regulation on Rescheduling Loans from Foreign Borrowing/Assistance of the Government.

Pursuant to …;

OF THE MINISTER OF FINANCE NO. 02/2000/QĐ-BTC
JANUARY 6, 2000 ISSUING REGULATIONS ON RE-LENDING FROM FOREIGN LOANS/GRANTS FUNDED BY THE GOVERNMENT
FROM FOREIGN LOANS/GRANTS OF THE GOVERNMENT

THE MINISTER OF FINANCE

WHEREAS, Decree No. 15/CP dated March 2, 1993 of the Government stipulates the tasks, powers, and responsibilities for state management of Ministries and agencies at the ministerial level;

WHEREAS, Decision No. 178/CP dated October 28, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Finance;

WHEREAS, Decree No. 90/CP dated November 7, 1998 of the Government on the issuance of regulations on foreign borrowing and debt repayment management;

WHEREAS, Decree No. 87/CP dated August 5, 1997 of the Government on the issuance of regulations on the management and utilization of Official Development Assistance funds;

WHEREAS, Circular No. 672/CP-QHQT dated July 6, 1999 of the Government approving the content of regulations on re-lending from foreign loans/grants funded by the Government;

AT THE PROPOSAL OF THE HEAD OF THE FOREIGN FINANCE DEPARTMENT,

Pursuant to …;

Article 1. The attached Decision issues the Regulations on re-lending from foreign loans/grants funded by the Government.

- Office of the President of the StateArticle 2: These Regulations shall take effect fifteen days from the date of signature. Relevant Departments and Bureaus of the Ministry of Finance, Heads of related agencies and units shall be responsible for implementing these Regulations.

REGULATIONS

ON RE-LENDING FROM FOREIGN LOANS/GRANTS FUNDED BY THE GOVERNMENT
N |||PreambleFOREIGN LOANS/GRANTS OF THE GOVERNMENT
(Issued together with Decision No. 2/2000/QĐ-BTC
January 6, 2000 of the Ministry of Finance

- Office of the President of the StateArticle 1

- Methods using measuring devices: The minimum number of sampled calls required for each of the above indicators is 1,500 calls. Determination can be made using one or both of the following methods, or a combination thereof:

In this Regulation, the following terms shall be understood as follows:

(a) "Re-lending" means the Government, through the Ministry of Finance, authorizes re-lending agencies to re-lend to re-borrowers from foreign loans/grants obtained by the Government for investment projects with repayment capability; or to domestic credit institutions for further lending under a credit program or a credit component of a project funded by foreign loans.

(b) "Foreign loan/grant agreement" refers to international treaties signed by the Government of Vietnam or authorized agencies of the State or the Government of Vietnam with foreign partners aimed at providing capital to Vietnam.

(c) “Funding Source” means the foreign entity providing funding for the program/project.

(d) "Re-lending agency" is a domestic financial/credit organization authorized by the Ministry of Finance to carry out re-lending, responsible for recovering principal and interest from re-borrowers, and entitled to re-lending fees as prescribed by the Government. In cases where the Ministry of Finance directly implements re-lending in credit programs, no re-lending fee will be charged.

(e) "Re-borrower" is a domestic entity or organization that uses foreign loans/grants provided by the Government to implement projects listed in foreign loan/grant agreements and is responsible for repaying the loans to the Government according to re-lending agreements signed with re-lending agencies to create sources for foreign debt repayment. In credit programs, "re-borrower" refers to a financial/credit institution receiving funds transferred by the Ministry of Finance to lend further to program targets according to its own regulations.

(f) "Re-lending agreement" is a credit contract between re-lending agencies and re-borrowers, or secondary loan agreements between the Ministry of Finance and re-borrowers in cases of loans from international financial organizations. The terms of repayment in re-lending agreements may differ from those in loan agreements signed with sponsors.

(g) "Commercial reference interest rate (CIRR)" is a fixed interest rate published monthly by the Organization for Economic Co-operation and Development (OECD) based on long-term bond yields and is typically used to determine export credit financing rates.

(h) "Exchange rate guided by the Ministry of Finance": The exchange rate applied when re-lending and recovering debts is based on the officially announced or notified exchange rate by the State Bank of Vietnam to the Ministry of Finance at the time of re-lending or debt recovery.

- Office of the President of the StateArticle 2.

Conditions for re-lending

Vietnamese organizations and units eligible for re-lending from foreign loans/grants funded by the Government must meet the following conditions:

(1) There must be programs/projects using approved foreign loans/grants, ensuring repayment capacity in compliance with domestic investment regulations, permitted by the Government to use such funds, and accepted by the sponsor.

(2) For operating units and organizations, they must be normally operating businesses with good financial status.

(3) Accepting the re-lending conditions prescribed in these Regulations.

(4) Providing explanations and commitments to have sufficient counterpart funds to implement the program/project.

State administrative management agencies and units not falling within the scope of eligibility for re-lending from foreign loans/grants funded by the Government.

- Office of the President of the Stateiều 3

Conditions for re-lending

3.01. Currency for re-lending and debt recovery;

(a) Re-lending in foreign currency:

(1) Borrowers receive debt denominated in foreign currency and can repay in foreign currency or Vietnamese dong at the exchange rate prevailing at the time of repayment as guided by the Ministry of Finance.

(2) The foreign currency for re-lending shall be the original currency specified in the foreign loan/grant agreement signed with a foreign country, or another convertible foreign currency agreed upon with the Ministry of Finance. In cases of debt recovery in foreign currency, re-borrowers may repay in the original foreign currency specified in the foreign loan/grant agreement or another convertible foreign currency agreed upon with the Ministry of Finance, based on the exchange rate guided by the Ministry of Finance.

(b) Re-lending in Vietnamese dong:

For certain programs/projects using ODA funds, re-lending can only be in Vietnamese dong and the Government agrees to bear foreign exchange risks, Borrowers can receive debt in Vietnamese dong.

(c) In some ODA programs/projects, if necessary, re-lending can be combined in both foreign currency and Vietnamese dong.

3.02. Value of re-lending

The value of re-lending recorded in re-lending agreements is determined based on the value of foreign loan/grant agreements signed with sponsors for each program/project. If a foreign loan/grant agreement covers multiple programs/projects without specifying allocation amounts for each, the value of re-lending is determined based on the government's decision on loan/grant allocation.

The actual amount of debt received is calculated per drawdown. For re-lending in Vietnamese dong, the actual amount of debt received is determined based on the actual amount of foreign currency drawn multiplied by the exchange rate guided by the Ministry of Finance at the time of drawdown.

3.03. Time of Debt Recognition:

The time when the re-borrower receives debt from the re-lending agency is the time of drawdown notified by the sponsor or the time of drawdown from a special account in cases where multiple projects/programs under the same foreign loan/grant agreement use the special account drawdown method.

3.04. Repayment Period:

The repayment period for the principal and the grace period are determined based on the following two conditions:

(1) The repayment period for the principal of the loan recorded in the Rescheduling Agreement shall be consistent with the repayment period stated in the Feasibility Study approved for each program/project.

The grace period shall be determined based on the construction period until the program/project is put into operation as stated in the Feasibility Study.

(2) As a principle, the repayment period shall not exceed the term granted by the Donor to the Government of Vietnam. If it exceeds this term, the Ministry of Finance shall report to the Prime Minister for a decision.

The start date for calculating the grace period and the repayment period is the first drawdown date of the program/project (unless otherwise specified by the Donor).

After the final drawdown for a project has been completed, the re-lending agency will base the detailed repayment schedule for each re-lending agreement on the total amount drawn and the cumulative actual amount of debt received, in accordance with the foreign loan/grant agreement sent to the re-borrower and copied to the Ministry of Finance (for monitoring).

The Borrower may repay the loan ahead of schedule, however, they must notify the Rescheduling Authority and the Ministry of Finance in writing at least 30 days before the early repayment.

3.05. Interest Rate for Rescheduled Loans:

(1) Commercial interest rate:

In cases where the Government borrows abroad under commercial terms and re-lends domestically in foreign currency, the re-lending interest rate equals the foreign interest rate and fees (excluding fees paid directly by the re-borrower to the foreign party) plus domestic re-lending fees.

(2) Preferential interest rate:

A preferential interest rate is applied when the Government reschedules domestically for projects funded by ODA funds.

The preferential interest rate for re-lending in Vietnamese dong applies according to the investment loan rate of the State Development Fund, or the preferential rate applicable to special credit programs as decided by the Prime Minister. This preferential rate includes domestic re-lending fees.

The preferential interest rate for re-lending in foreign currency is calculated per currency type based on two-thirds of the Commercial Reference Interest Rate (CIRR) at the time of signing the foreign loan/grant agreement, with a term matching the loan term under the foreign loan agreement, plus any foreign fees (if applicable) and re-lending service fees, but in all cases not lower than the interest rate in the loan agreement plus foreign fees and re-lending fees. For currencies not included in the CIRR table, the Ministry of Finance uses the market commercial interest rate of the funding country.

The above preferential interest rate also applies to re-lending in cases where mixed credit is used, including both commercial loans and ODA funds, combined for both components.

(3) For credit programs involving withdrawal of funds in cash and implementation through financial/credit organizations to lend to end users, the lending interest rate shall be determined based on the weighted average deposit interest rate of the domestic banking system or on the basis of the lending interest rate to end users minus the percentage rate that financial/credit organizations as the borrower enjoy to cover costs.

3.06. Types of Fees: The Borrower must pay the following types of fees:

(1) Foreign fees: Depending on each specific loan agreement, foreign fees may include management fees, commitment fees, drawdown fees, and other fees specified in the foreign loan/sponsorship agreement. Typically, the borrower directly pays these fees to the sponsor. In cases where the Government pays these foreign fees, the borrower must reimburse the State budget.

(2) Domestic Rescheduling Fee: This fee is collected by the Rescheduling Authority from the Borrower and included in the domestic rescheduled loan interest rate.

The domestic rescheduling fee does not include credit risk, specifically as follows:

- For rescheduled loans valued below 2 million SDR (approximately 3 million USD) with a loan term under 12 years, the domestic rescheduling fee is 0.3% per annum on the outstanding principal balance.

- For rescheduled loans valued below 2 million SDR but with a loan term of 12 years or more, the domestic rescheduling fee is 0.25% per annum on the outstanding principal balance.

- For rescheduled loans valued at 2 million SDR or more, the domestic rescheduling fee is 0.2% per annum on the outstanding principal balance.

Where the lending organization is allowed to select borrowers and assume credit risks, the Ministry of Finance will negotiate with the lending organization for each specific case and submit to the Prime Minister for approval the risk level to be added to the lending fee mentioned above.

(3) Service fees collected by the Serving Bank, which the Borrower pays directly to the Serving Bank in accordance with the Serving Bank's regulations.

3.07. Late payment interest:

All amounts due including principal, interest, and lending fees if the borrower fails to repay on time shall bear a late payment interest rate of 130% of the interest rate stipulated in the lending agreement, but in no case lower than the late payment interest rate stipulated in the foreign loan agreement. Late payment interest shall be calculated from the due date until the actual repayment date.

3.08. Interest Calculation:

The interest rate, refinancing fees, and late payment interest shall be calculated based on the actual number of days and on the basis of a year consisting of 360 days.

- Office of the President of the StateArticle 4

Special Refinancing Cases

The borrowing entities and conditions for lending mentioned above apply uniformly to all government foreign loan/reimbursement programs. In special cases requiring different conditions from the principles above, the Ministry of Finance will submit to the Prime Minister for decision.

- Office of the President of the StateArticle 5

Non-Exemption of Liability and Priority Order of Repayment

5.01. Non-Exemption of Liability:

All claims and disputes related to commercial contracts shall be resolved by the parties signing the contract, and such claims and disputes shall not exempt the borrower from any obligations under the lending agreement.

5.02. Priority Order of Repayment:

For payments of principal, interest, and fees stipulated in the Refinancing Agreement, the Borrower must repay them in equal priority with any other corporate loans.

- Office of the President of the StateArticle 6

Refinancing Procedures and Responsibilities of Authorities

6.01. Review and Approval of Refinancing Programs/Projects:

(1) For ODA projects: The Ministry of Planning and Investment is the lead agency coordinating with the Ministry of Finance to submit to the Prime Minister a list of projects to be refinanced from government foreign loans/sponsorships before the signing of international framework agreements or project lists with foreign countries.

Project appraisal and approval shall be carried out according to Decree No. 87/CP of the Government dated August 5, 1997 on the issuance of regulations on the management and use of Official Development Assistance; Decree No. 90/CP dated November 7, 1998 of the Government on the issuance of regulations on foreign borrowing and debt repayment; and Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government on the issuance of investment and construction management regulations. The appraisal authority is responsible for the effectiveness and repayment capacity of the project to the State budget and is liable under the law for the results of the appraisal.

(2) For ODA credit programs: The main funding/credit organization as the borrower has the right to appraise projects and select appropriate borrowers in accordance with the agreed credit program with the sponsor, while bearing all risks during the lending process to these borrowers.

(3) For commercial loans, except in cases where the Prime Minister specifically designates the borrower, the lending organization has the right to re-appraise the project and select an appropriate borrower after the project investor has completed the required procedures and obtained project approval in accordance with current state regulations, and bears all risks during the lending process.

6.02. Refinancing Procedures:

The Borrower shall submit the following documents to the Ministry of Finance (Department of Foreign Finance) as the basis for refinancing:

- Approved feasibility study of the Project

- Investment decision by the competent authority

- Letter proposing refinancing conditions for government loans/grants

- A financial status confirmation issued by the Department of Finance and Price Control or the Enterprise Financial Bureau (in provinces/cities with established bureaus) for state-owned enterprises, or financial reports of units/organizations for two fiscal years prior to the refinance application, which have been audited (for operating units/organizations).

- Explanation and commitment regarding counterpart funding.

Within thirty days from receiving valid documents from the borrower, the Ministry of Finance works with the lending organization and the borrower to determine specific lending conditions for the project based on the framework conditions of this regulation. In exceptional cases leading to non-compliance with the lending conditions stipulated in this regulation, the Ministry of Finance will seek opinions from relevant agencies and submit to the Prime Minister for approval.

6.03. Signing of Delegation Contract for Refinancing:

After determining specific lending conditions according to Article 6.02 or after obtaining approval from the Prime Minister, within fifteen days, the Ministry of Finance (represented by the Department of Foreign Finance) will sign a delegation agreement for lending with the lending organization based on the attached model.

6.04. Signing of Refinancing Agreement:

Within thirty days after signing the delegation agreement for lending with the Ministry of Finance, the lending organization will sign a lending agreement with the borrower based on the conditions stipulated in the delegation agreement signed with the Ministry of Finance.

Upon signing the Refinancing Agreement, the refinancing authority shall send one copy to the Ministry of Finance (Department of Foreign Finance) for coordination and management oversight.

For lending agreements in the form of sub-loan agreements or in cases where the Ministry of Finance directly lends, the Ministry of Finance will delegate the Department of Foreign Finance to sign the lending agreement. The term for signing sub-loan agreements shall comply with the provisions of the foreign loan/sponsorship agreement. In this case, the delegation agreement for lending may be signed after the signing of the lending agreement.

6.05. Debt Acceptance Procedures:

Based on the notice of fund withdrawal from the donor, the Ministry of Finance shall record the debt for the refinancing authority so that this authority can notify the Borrower to complete the debt acceptance procedures for each refinancing installment.

Immediately upon receipt of notification of the end of the drawdown period of the loan/sponsorship agreement, the Ministry of Finance will notify the lending organization to complete the debt acceptance procedures for each project/program.

6.06. Management and Reporting:

(1) The borrower is responsible for managing and using the loan/sponsorship funds for the intended purpose as stipulated in the foreign loan/sponsorship agreement and effectively. The borrower must maintain full records and accounting entries for goods, services, and currencies financed by the loan.

The borrower shall be responsible for periodically or upon urgent request from the lending agency or the Ministry of Finance (in cases where the Ministry of Finance directly lends) to provide information and reports related to the implementation of the program/project to the lending agency, the Ministry of Finance, and the donor, and at the same time, shall be responsible for informing these agencies of situations arising that delay the progress of the program/project implementation and any changes related to the program/project.

(2) The lending agency shall be responsible for managing and supervising the use of the refinanced loan funds by the borrower. The lending agency must clearly record and account for each refinanced loan according to each borrower.

The lending agency shall be responsible for periodically or urgently providing information and reports related to the implementation of the program/project to the Ministry of Finance and the donor as required.

6.07. Repayment of principal:

(1) The borrower and the lending agency shall be responsible for timely and fully fulfilling the debt obligations stipulated in the Refinancing Agreement and the Delegation Contract for Repayment transferred to the Debt Repayment Reserve Fund managed by the Ministry of Finance in accordance with specific guidelines issued by the Ministry of Finance.

(2) The lending agency has the right to apply all necessary measures consistent with current laws to ensure full and timely recovery of debts from the borrower, and to repay the State Budget.

(3) In case the borrower cannot repay the debt:

(a) If it is a program/project independently appraised and decided on by the lending agency as recorded in Section 6.01 (3), then the lending agency must repay the debt on behalf of the borrower.

(b) If it is a program/project designated by the Government as specified in Section 6.01(1), after applying all necessary measures permitted by law without being able to recover the debt, the lending agency must report to the Ministry of Finance to coordinate with the Ministry of Planning and Investment and the project appraisal agency to report to the Prime Minister for handling.

- Office of the President of the StateArticle 7

Implementation Provisions

7.01. Refinancing agreements signed before the issuance of this Regulation shall remain valid, except for the provisions regarding the recovery of capital which must be adjusted according to the Regulation on the Debt Repayment Reserve Fund issued by the Minister of Finance under Decision No. 72/1999/QD-BTC dated July 9, 1999.

7.02. Other issues related to the refinancing process and the recovery of refinanced loans not mentioned in this Regulation shall be implemented in accordance with Decree No. 90/CP dated November 7, 1998 of the Government on the issuance of the Regulation on Loan Management and Foreign Debt Repayment and Decree No. 87/CP dated August 5, 1997 of the Government on the issuance of the Regulation on the Management and Use of Official Development Assistance Funds.

During the implementation process, if there are difficulties, relevant agencies, units, and organizations need to promptly reflect them to the Ministry of Finance for resolution.

 

FORM NO. 1

(For the case of signing a Delegationconcerning the classification and determination of state management authority in the field of crop productionContract) đof Authority for Loan Rescheduling)

                           

SOCIALIST REPUBLIC OF VIETNAM

DegreeIndependence - Freedom - Happiness

 

CONTRACT - Office of the President of the StateDELEGATION OF AUTHORITY FOR LOAN RESCHEDULING FUNDS

(Name of Source Funds) For Project/Program (Name of Project/Program)ograms andNo.: ... /2000/UQ/BTC-TCDNograms andBased on the Decision approving the Project/Program;

Decision on borrowing/credit or Grant Agreement (for non-reimbursable aid projects) signed on... between... (name of funding organization) and... (name of recipient organization) for the Project/Program (Name of Project/Program);

 

CamendDecision No... dated.../1/2000 of the Minister of Finance promulgating the Regulation on Loan Rescheduling from foreign government loan/grant funds; đBased on the Decision of the Prime Minister approving the specific conditions for loan rescheduling for the project/program at Document No... dated... of the Government (applicable in special cases where the Prime Minister decides);ograms andThe Ministry of Finance,

Camendpursuant to the Memorandum of Understanding amending the Agreement; đRepresented by the Department of Foreign Financial Affairs (hereinafter referred to as the Delegate),amendAddress:đ8 Phan Huy Chu - Hanoiograms andPhone:concerning the classification and determination of state management authority in the field of crop productionFax Number:ograms andName of the loan rescheduling agency (hereinafter referred to as the Delegatee),ograms andPhone:

CamendDecision No... dated.../1/2000 of the Minister of Finance promulgating the Regulation on Loan Rescheduling from foreign government loan/grant funds; đArticle I:concerning the classification and determination of state management authority in the field of crop productionThe Delegate delegates the Delegatee to implement loan rescheduling for... name of the borrower (hereinafter referred to as the Borrower) from the loan funds... (name of country/organization providing the loan) according to the Agreement... with the following conditions:concerning the classification and determination of state management authority in the field of crop production1.1. The amount of the loan rescheduling is... (type of currency specified in the Loan/Credit/Grant Agreement for the Program/Project or Vietnamese Dong).

Camend1.2. The value of the loan rescheduling is the total actual amount withdrawn not exceeding... (the loan value according to the Credit/Grant Agreement for the Program/Project or the allocated value for each Program/Project). đ1.3. The term of the loan is... (the time for repaying the principal as determined by the Regulation or by a specific decision of the Prime Minister in special cases), the grace period is... (the grace period as determined by the Regulation or by a specific decision of the Prime Minister in special cases) starting from...concerning the classification and determination of state management authority in the field of crop production1.4. The interest rate for the loan rescheduling is... (interest rate as determined by the Regulation or by a specific decision of the Prime Minister) on the outstanding principal. Late payment interest is... (late payment interest rate as determined by the Regulation or by a specific decision of the Prime Minister) calculated on overdue principal. Late payment interest is calculated from the due date until the actual repayment date. đ1.5. Interest and late payment interest are calculated based on the actual number of days and on the basis of a year having 360 days. đ1.6. The date of receiving the debt is generally considered to be the day when the funding organization implements disbursement for the Project/Program and records the debt for the Ministry of Finance or the day of withdrawing funds from a dedicated account in cases where the loan agreement uses the withdrawal method from a dedicated account for multiple Projects.ograms and1.7. The Borrower must repay the principal and interest every six months to the Delegatee on... and... of each year. Principal repayment starts from...amend1.8. The Borrower may prepay the debt after sending a written notice at least 30 days prior to the prepayment to the Delegatee and the Delegate. đ1.9. In cases where the Borrower pays off the debt in other currencies than the loan currency (including payment in Vietnamese Dong), the exchange rate conversion shall be applied as prescribed in Circular No. 3000 TC-TCN dated August 18, 1998 of the Ministry of Finance on Guidelines for Exchange Rates for Debt Recovery.concerning the classification and determination of state management authority in the field of crop production1.10. The Borrower must make direct payments to the banks serving within the country. đESPECIALLY THE PRIME MINISTERconcerning the classification and determination of state management authority in the field of crop productionTHE PRIME MINISTER DECIDES đ);

THE MINISTRY OF FINANCE, REPRESENTED BY THE DEPARTMENT OF FOREIGN FINANCE(HEREINAFTER REFERRED TO AS THE AUTHORIZED PARTY) đHEADQUARTERS: đ8 PHAN HUY CHÚ - HA NOI

TELEPHONE NUMBER: FAX NUMBER:

- Office of the President of the StateNAME OF THE RELENDING CREDIT ORGANIZATION (HEREINAFTER REFERRED TO AS THE AUTHORIZED ENTITY)

TELEPHONE NUMBER: 8.262266

and

NAME OF THE RELENDING CREDIT ORGANIZATIONoAGREEMENT đAUTHORIZED ENTITY đconcerning the classification and determination of state management authority in the field of crop productionTELEPHONE NUMBER:

TELEPHONE NUMBER:

- Office of the President of the StateAS AGREED

2. Intellectual Property Rights Owner:

PART I:concerning the classification and determination of state management authority in the field of crop productionng được sửa lại là Quyết định số 53/2003/Q-BTC.

 

- Office of the President of the StateTHE AUTHORIZED PARTY AUTHORIZES THE AUTHORIZED ENTITY TO IMPLEMENT THE RELENDING TO...NAME OF THE BORROWER (HEREINAFTER REFERRED TO AS THE BORROWER) FROM THE LOAN FUNDS... (NAME OF THE COUNTRY/ORGANIZATION PROVIDING ASSISTANCE) ACCORDING TO THE AGREEMENT...WITH THE FOLLOWING CONDITIONS:AMOUNT OF THE RELENDING IS... (TYPE OF FOREIGN CURRENCY STATED IN THE LOAN/LOAN AGREEMENT/PROJECT CONTRACT OR IN VIETNAMESE DONG). đconcerning the classification and determination of state management authority in the field of crop production1.2. THE AMOUNT OF THE RELENDING IS THE TOTAL AMOUNT ACTUALLY DRAWN WITHOUT EXCEEDING... (THE LOAN AMOUNT STATED IN THE LOAN AGREEMENT/PROJECT CONTRACT OR THE AMOUNT ALLOCATED FOR EACH PROJECT).concerning the classification and determination of state management authority in the field of crop production1.3. THE LOAN PERIOD IS... (THE TIME FOR REPAYING THE PRINCIPAL AS DETERMINED BY THE REGULATION OR SPECIFIC DECISION OF THE PRIME MINISTER IN CASES OF EMERGENCY), THE GRACE PERIOD IS... (THE GRACE PERIOD AS DETERMINED BY THE REGULATION OR SPECIFIC DECISION OF THE PRIME MINISTER IN CASES OF EMERGENCY) COUNTING FROM THE DATE... đ1.4. THE INTEREST RATE ON THE RELENDING IS... (THE INTEREST RATE AS DETERMINED BY THE REGULATION OR SPECIFIC DECISION OF THE PRIME MINISTER IN CASES OF EMERGENCY) ON THE PRINCIPAL. THE PENALTY INTEREST RATE ON OVERDUE PAYMENTS IS... (THE PENALTY INTEREST RATE AS DETERMINED BY THE REGULATION OR SPECIFIC DECISION OF THE PRIME MINISTER IN CASES OF EMERGENCY) CALCULATED ON THE OVERDUE PRINCIPAL. THE PENALTY INTEREST IS CALCULATED FROM THE DAYconcerning the classification and determination of state management authority in the field of crop production1.5. THE INTEREST AND THE PENALTY INTEREST ARE CALCULATED BASED ON THE ACTUAL NUMBER OF DAYS AND ON THE BASIS OF A YEAR WITH 360 DAYS.concerning the classification and determination of state management authority in the field of crop production1.6. THE DATE OF RECEIVING THE LOAN IS GENERALLY THE DATE WHEN THE (NAME OF THE ORGANIZATION/COUNTRY PROVIDING ASSISTANCE) DISBURSES THE FUNDS FOR THE PROJECT AND CHARGES THE MINISTRY OF FINANCE OR THE DATE OF WITHDRAWING FUNDS FROM THE SPECIAL ACCOUNT IN CASE THE LOAN AGREEMENT USES THE WITHDRAWAL METHOD FROM THE SPECIAL ACCOUNT FOR MULTIPLE PROJECTS. đ1.7. THE BORROWER MUST REPAY THE PRINCIPAL AND INTEREST EVERY SIX MONTHS TO THE AUTHORIZED ENTITY ON THE... AND... OF EACH YEAR. THE REPAYMENT OF THE PRINCIPAL BEGINS FROM THE DATE... đ1.8. THE BORROWER MAY PREPAY THE LOAN AFTER GIVING WRITTEN NOTICE AT LEAST 30 DAYS BEFORE THE PREPAYMENT TO THE AUTHORIZED ENTITY AND THE AUTHORIZED PARTY.concerning the classification and determination of state management authority in the field of crop productionng được sửa lại là Quyết định số 53/2003/Q-BTC.

1.1. 1.9. IN CASE THE BORROWER REPAYS THE LOAN IN CURRENCIES OTHER THAN THE CURRENCY OF THE RELENDING (INCLUDING REPAYMENT IN VIETNAMESE DONG), THE EXCHANGE RATE CONVERSION SHALL BE APPLIED IN ACCORDANCE WITH DECREE NO. 3000 TC-TC OF THE MINISTRY OF FINANCE ON AUGUST 18, 1998 GUIDING THE EXCHANGE RATE FOR DEBT COLLECTION.1.10. THE BORROWER MUST PAY DIRECTLY TO THE DOMESTIC BANKS DESIGNATED BY THE MINISTRY OF FINANCE IN CASE THE MINISTRY OF FINANCE HAS PAID ON BEHALF OF THE BORROWER. ANY FEES OUTSIDE THE ABOVE MENTIONED ITEMS INCLUDED IN THE INTEREST RATE OF THE RELENDING AS STATED IN POINT 1.4, THE MINISTRY OF FINANCE WILL BE RESPONSIBLE FOR PAYING THE FEES TO THE FOREIGN FUND PROVIDER. đTHE AUTHORIZED ENTITY IS RESPONSIBLE FOR MANAGING THE LOAN, MONITORING THE USE OF THE LOAN FUNDS, AND COLLECTING THE DEBT TO REIMBURSE THE STATE BUDGET FOR THE PRINCIPAL, INTEREST, AND ANY AMOUNTS DUE AS STATED IN POINT 1.11 (IF ANY) AFTER SUBTRACTING THE FEES RETAINED AS STATED IN POINT 2.1 FROM THE INSTALLMENTS AS STATED IN POINT 1.7. THE SUBMISSION OF THE REIMBURSED FUNDS TO THE STATE BUDGET SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 4 OF THE REGULATION ON THE ESTABLISHMENT, USE, AND MANAGEMENT OF THE DEBT REPAYMENT FUND ISSUED BY THE MINISTRY OF FINANCE.amend4.4. SIX MONTHLY ON JUNE AND DECEMBER OF EACH YEAR, THE AUTHORIZED ENTITY SHALL NOTIFY THE AUTHORIZED PARTY OF THE PLAN FOR DEBT COLLECTION AND THE IMPLEMENTATION OF THIS PLAN.ograms andSO THAT THE AUTHORIZED PARTY CAN AGGREGATE INTO THE ANNUAL PLAN AND PREPARE FOR PAYMENT. đ4.5 IF THE BORROWER DOES NOT PAY THE DEBT OR PAYS IT LATE, THE AUTHORIZED ENTITY SHALL BE RESPONSIBLE FOR PAYING THE STATE BUDGET ON BEHALF OF THE BORROWER (IN CASE THE PROJECT IS SELF-IMPLEMENTED BY THE AUTHORIZED ENTITY) OR SHALL BE RESPONSIBLE FOR APPLYING LEGAL MEASURES TO COLLECT THE DEBT. WITHIN 60 DAYS FROM THE DUE DATE, IF THE DEBT IS STILL UNCOLLECTED AFTER APPLYING LEGAL MEASURES, THE AUTHORIZED ENTITY SHALL NOTIFY THE AUTHORIZED PARTY TO TAKE TIMELY ACTION OR TO REPORT TO THE PRIME MINISTER FOR APPROPRIATE MEASURES.

ARTICLE V:concerning the classification and determination of state management authority in the field of crop productionPROVISIONS ON IMPLEMENTATION đTHE AUTHORIZED ENTITY IS RESPONSIBLE FOR MANAGING THE LOAN, MONITORING THE USE OF THE LOAN FUNDS, AND COLLECTING THE DEBT TO REIMBURSE THE STATE BUDGET FOR THE PRINCIPAL, INTEREST, AND ANY AMOUNTS DUE AS STATED IN POINT 1.11 (IF ANY) AFTER SUBTRACTING THE FEES RETAINED AS STATED IN POINT 2.1 FROM THE INSTALLMENTS AS STATED IN POINT 1.7. THE SUBMISSION OF THE REIMBURSED FUNDS TO THE STATE BUDGET SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 4 OF THE REGULATION ON THE ESTABLISHMENT, USE, AND MANAGEMENT OF THE DEBT REPAYMENT FUND ISSUED BY THE MINISTRY OF FINANCE.amend5.1. THIS AGREEMENT SHALL BE MADE IN FOUR COPIES, THE AUTHORIZED PARTY SHALL KEEP TWO COPIES, THE AUTHORIZED ENTITY SHALL KEEP TWO COPIES, AND SHALL BECOME EFFECTIVE FROM THE DATE OF SIGNATURE.ograms and5.2. THE AUTHORIZED PARTY AND THE AUTHORIZED ENTITY SHALL BE RESPONSIBLE FOR IMPLEMENTING THE AGREEMENTS HEREIN. DURING THE IMPLEMENTATION, BOTH PARTIES SHALL REVIEW AND MODIFY THE AGREEMENTS IF NECESSARY BASED ON THE ACTUAL SITUATION.ograms andHANOI, ON... DAY OF... MONTH OF 199...

REPRESENTATIVE OF THE AUTHORIZED ENTITY đREPRESENTATIVE OF THE AUTHORIZED PARTY đIN CASE OF SIGNING THE SUB-LOAN AGREEMENTconcerning the classification and determination of state management authority in the field of crop productionSOCIALIST REPUBLIC OF VIET NAMconcerning the classification and determination of state management authority in the field of crop production1.10. The Borrower must make direct payments to the banks serving within the country. đTHE AUTHORIZED PARTY đMANAGEMENT OF FOREIGN LOAN AND CREDIT FUNDS đIN CASE OF SIGNING THE SUB-LOAN AGREEMENTconcerning the classification and determination of state management authority in the field of crop productionSOCIALIST REPUBLIC OF VIET NAMconcerning the classification and determination of state management authority in the field of crop production1.10. The Borrower must make direct payments to the banks serving within the country. đBASED ON THE APPROVAL OF THE PROJECT/CONSTRUCTION WORK

ACCORDING TO THE DEVELOPMENT CREDIT AGREEMENT AND THE PROJECT AGREEMENT (IF ANY) NUMBER... SIGNED ON... BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND... (NAME OF THE FUNDING ORGANIZATION) TO FUND THE PROJECT/CONSTRUCTION WORK...; đTHE SUB-LOAN AGREEMENT SIGNED ON... BETWEEN THE MINISTRY OF FINANCE AND... (THE BORROWER); đIN CASE OF SIGNING THE SUB-LOAN AGREEMENTconcerning the classification and determination of state management authority in the field of crop productionSOCIALIST REPUBLIC OF VIET NAMconcerning the classification and determination of state management authority in the field of crop production1.10. The Borrower must make direct payments to the banks serving within the country. đNUMBER... ISSUED BY THE MINISTER OF FINANCE TO ISSUE THE REGULATION ON SUB-LOANING FROM FOREIGN LOAN/GRANT FUNDS OF THE GOVERNMENT;concerning the classification and determination of state management authority in the field of crop productionTODAY, ON... DAY OF... MONTH OF 199..., AT..., WE INCLUDE: đTHE SUB-LOAN AGREEMENT SIGNED ON... BETWEEN THE MINISTRY OF FINANCE AND... (THE BORROWER); đIN CASE OF SIGNING THE SUB-LOAN AGREEMENTconcerning the classification and determination of state management authority in the field of crop productionSOCIALIST REPUBLIC OF VIET NAMconcerning the classification and determination of state management authority in the field of crop production1.10. The Borrower must make direct payments to the banks serving within the country. đTHE AUTHORIZED PARTY: đconcerning the classification and determination of state management authority in the field of crop productionREPRESENTED BY THE DEPARTMENT OF FOREIGN FINANCE đ* REPRESENTATIVE: đ* POSITION:

ADDRESS: MINISTRY OF FINANCE - 8 PHAN HUY CHU, HANOI. đconcerning the classification and determination of state management authority in the field of crop productionTELEPHONE NUMBER:oFAX NUMBER: 8262266amendTHE AUTHORIZED ENTITY: (NAME OF THE AUTHORIZED ENTITY)

ADDRESS: đconcerning the classification and determination of state management authority in the field of crop productionBOTH PARTIES AGREE TO SIGN THE AUTHORIZATION AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS:concerning the classification and determination of state management authority in the field of crop productionARTICLE 1:ograms andTHE MINISTRY OF FINANCE AUTHORIZES (NAME OF THE AUTHORIZED ENTITY) TO IMPLEMENT THE RESPONSIBILITIES AND POWERS OF THE MINISTRY OF FINANCE AS STATED IN THE SUB-LOAN AGREEMENT SIGNED ON... DAY OF... MONTH OF 199... BETWEEN THE MINISTRY OF FINANCE, REPRESENTED BY THE DEPARTMENT OF FOREIGN FINANCE, AND... (NAME OF THE BORROWER). đTHE AUTHORIZED ENTITY AND THE BORROWER SHALL NOT ENTER INTO ANY OTHER DOCUMENTS RELATED TO THE SUB-LOAN. IF NECESSARY, THE AUTHORIZED ENTITY MAY HAVE ADDITIONAL GUIDELINES TO IMPLEMENT THE SUB-LOAN AGREEMENT WITH THE BORROWER.concerning the classification and determination of state management authority in the field of crop productionARTICLE 2: đCHARGE A SUB-LOAN FEE AT THE RATE OF... (THE FEE RATE AS DETERMINED BY THE REGULATION). THIS FEE IS INCLUDED IN THE INTEREST RATE OF THE SUB-LOAN AS STATED IN THE SUB-LOAN AGREEMENT. THE AUTHORIZED ENTITY SHALL WITHHOLD AND RETAIN THIS FEE BEFORE REPAYING TO THE AUTHORIZED PARTY.ograms andARTICLE 3: đRESPONSIBILITIES OF THE AUTHORIZED PARTY

(i) PROVIDE THE AUTHORIZED ENTITY WITH COPIES OF THE ORIGINAL DOCUMENTS OF THE PROJECT INCLUDING THE LOAN AGREEMENT, THE SUB-LOAN AGREEMENT;concerning the classification and determination of state management authority in the field of crop production(ii) PROVIDE SUPPORT TO THE AUTHORIZED ENTITY IN THE PROCESS OF IMPLEMENTING THE SUB-LOAN AGREEMENT. đconcerning the classification and determination of state management authority in the field of crop productionfrom the date... and ... of the monthamend. Principal repayment đconcerning the classification and determination of state management authority in the field of crop productionis enforced đbeginning from the date...

1.8. The Borrower may implement early repaymentconcerning the classification and determination of state management authority in the field of crop productionafter sending a notice byconcerning the classification and determination of state management authority in the field of crop productionwritten form at least 30 days prior to the implementation of early repaymentamendfor the Assignor and the Assignee.concerning the classification and determination of state management authority in the field of crop production1.9. In the case where the Borrower repays the debt using otherconcerning the classification and determination of state management authority in the field of crop productioncurrencies different from the currency of the loan (including repayment in đconcerning the classification and determination of state management authority in the field of crop productionVietnamese Dong), the exchange rate conversion

shall be applied as prescribed in Circular No. 3000 TC-TC dated August 18, 1998 of the Ministry of Finance onconcerning the classification and determination of state management authority in the field of crop productionguidance on exchange rates for debt recovery.concerning the classification and determination of state management authority in the field of crop production1.10. The Borrower must make direct payment to the banks serving in the đprocess đauthorized when the Ministry of Finance has made the payment on behalf. In the case where additional fees outside the đaforementioned costs are included in the interest rate of the loan as stipulated at Point 1.4, then the Ministry of Finance will be responsible for paying the fees to the external financial sponsor. The Assignee is responsible for managing the loan, checking the usage of the borrowed capital, and is responsible for recovering the debt and returning the principal, interest, and receivables as specified in Article 1.11 (if applicable) after deducting the fee retained as specified in Article 2.1 during the repayment periods as specified in Article 1.7. The submission of the recovered loan funds to the State Budget shall be carried out according to Article 4 of the Regulation on Establishment, Use, and Management of the Debt Repayment Reserve Fund issued by the Ministry of Finance đ4.4. Twice a year in June and December each đconcerning the classification and determination of state management authority in the field of crop productionyear, the Assignee shall notify the Assignor of the debt recovery plan and the implementation status of this plan đso that the Assignor can incorporate it into their annual plan and prepare for payment.amend4.5 If the Borrower does not repay the- Office of the President of the Statedebt or pays late, the Assignee shall be responsible for repaying the State Budget on behalf of the Borrower (in the case where the Project/Work is self-determined by the Assignee) or shall be responsible for applying measures allowed by law to recover the debt. Within 60 days from the due date, if the debt cannot be recovered after applying the measures allowed by law, the Assignee must notify the Assignorconcerning the classification and determination of state management authority in the field of crop productionto handle promptly or

to report to the Minister of Finance to the Government for timely action.concerning the classification and determination of state management authority in the field of crop productionArticle V:concerning the classification and determination of state management authority in the field of crop productionImplementation Provisions đWith respect to fees collected by the Banks serving this purpose.

1.11. Borrowerconcerning the classification and determination of state management authority in the field of crop productionshall be responsible for directly paying external fees (commitment fees, management fees, credit insurance fees...) to the External Sponsor or transferring such payments to the Agent in the event that the Ministry of Finance has paid on behalf.concerning the classification and determination of state management authority in the field of crop productionIn the case where the aforementioned external feesconcerning the classification and determination of state management authority in the field of crop productionare included in the interest rate for the loan, as stipulated at Point 1.4, then the Ministry of Finance will be responsible for paying the fees to the External Sponsor. đconcerning the classification and determination of state management authority in the field of crop production5.1. This Agreementconcerning the classification and determination of state management authority in the field of crop productionis made in four copies, the Assignor retains two copies, the Assignee retains two copies, and becomes effective from the date of signing. đ5.2. The Assignor and the Assignee are responsible for implementingconcerning the classification and determination of state management authority in the field of crop productionthe agreements herein. During the implementation process, based on actual circumstances, both parties will reviewconcerning the classification and determination of state management authority in the field of crop productionto supplement or amend. đđượ đconcerning the classification and determination of state management authority in the field of crop productionHanoi, on... day... month... year 199... đRepresentative of the Assignee                      concerning the classification and determination of state management authority in the field of crop productionRepresentative of the Assignor

1.12. As for the principal and interest payments as specified in the Loan Agreement, the Borrower must repay them in priority equal to any other loans of the Borrower.Article II: đ Loan Feesconcerning the classification and determination of state management authority in the field of crop production2.1. The Agent concerning the classification and determination of state management authority in the field of crop productioncharges a loan fee at the rate of... (as determined by the regulations). This fee is included in the interest rate for the loan as stipulated in Article 1.4. The Agent automatically deducts and retains the loan fee portion before returning the recovered principal and interest to the Borrower.concerning the classification and determination of state management authority in the field of crop productionArticle III:

 

- Office of the President of the StateResponsibilities of the AgentUpon receipt of the withdrawal notice from the External Sponsor, the Agent is responsible for recording the debt owed to the Borrower.concerning the classification and determination of state management authority in the field of crop productionImplementation Provisions

3.2. (if applicable) The Agent is responsible for notifying the Borrower of the various fees listed in Article 1.11 which the Borrower pays directly to the External Sponsor (or recovers from the Borrower if the Agent has already paid). đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance. đconcerning the classification and determination of state management authority in the field of crop production- State Social Insurance;concerning the classification and determination of state management authority in the field of crop productionArticle IV: đResponsibilities of the Borrower đconcerning the classification and determination of state management authority in the field of crop productionWithin thirty days from the signing of this Contract, the Borrower is responsible for signing the Loan Agreement with the Borrower according to the conditions set out in Article I. Within seven days after signing the Loan Agreement with the Borrower, the Borrower is responsible for sending a copy of the Loan Agreement to the Agent for coordination and tracking. đ4.2. Based on the withdrawal notice from the Agent, the Borrower is responsible for processing the receipt of the loan funds for the Borrower. - Office of the President of the State4.3. The Borrower is responsible for managing the loan, checking the usage of the loan funds, and recovering the principal, interest, and other receivables as specified in Article 1.11 (if applicable) after deducting the retained fee as specified in Article 2.1 from the repayment periods as specified in Article 1.7. The submission of recovered loan funds to the State Budget is carried out according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued by the Ministry of Finance. đconcerning the classification and determination of state management authority in the field of crop production4.4. Every six months in June and December, the Borrower is responsible for notifying the Agent of the recovery plan and the implementation status of this plan for the Agent to compile into the annual plan and prepare for payment. đ4.5 If the Borrower does not repay the debt or repays it late, the Borrower is responsible for repaying the State Budget on behalf of the Borrower (in the case where the Project/Work is self-determined by the Borrower) or is responsible for applying measures allowed by law to recover the debt. Within sixty days from the due date, if the debt cannot be recovered after applying the measures allowed by law, the Borrower must notify the Agent for timely handling or for the Ministry of Finance to report to the Government for appropriate action.concerning the classification and determination of state management authority in the field of crop productionArticle V:

 

- Office of the President of the StateImplementation Provisions 5.1. This Contract is made in four copies, the Agent retains two copies, the Borrower retains two copies, and becomes effective from the date of signing.

3.1.amend5.2. The Agent and the Borrower are responsible for implementing the agreements herein. During the implementation process, based on actual circumstances, both parties may review and supplement or amend as necessary. đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance. đHanoi, the... day of the... month of 199... đconcerning the classification and determination of state management authority in the field of crop productionRepresentative of the Borrowerconcerning the classification and determination of state management authority in the field of crop productionRepresentative of the Agent

(In the case of signing a Supplementary Loan Agreement) đconcerning the classification and determination of state management authority in the field of crop productionSOCIALIST REPUBLIC OF VIET NAM - Office of the President of the StateMINISTRY OF FINANCE đHanoi, the... day of the... month of 199... đconcerning the classification and determination of state management authority in the field of crop productionRepresentative of the Borrowerconcerning the classification and determination of state management authority in the field of crop productionMANAGEMENT OF FOREIGN CREDIT LOANSconcerning the classification and determination of state management authority in the field of crop productionPursuant to the approval of the project/work based on the Credit Development Agreement and the Project Agreement (if any) number... signed on... between the Socialist Republic of Vietnam and... (name of the funding organization), providing funding for the project/work...concerning the classification and determination of state management authority in the field of crop productionSupplementary Loan Agreement dated... month... year... between the Ministry of Finance and... (borrower); đNumber... of the Ministry of Finance's Decision promulgating the Regulation on supplementary loans from foreign government funding sources;

Today, the... day of the... month of... year..., at... we include: đconcerning the classification and determination of state management authority in the field of crop productionThe Agent: đ4.2. Based on the withdrawal notice from the Agent, the Borrower is responsible for processing the receipt of the loan funds for the Borrower. - Office of the President of the StateRepresented by the Department of Foreign Financeconcerning the classification and determination of state management authority in the field of crop production* Representative: đ* Position:- Office of the President of the StateAddress: Ministry of Finance - No. 8 Phan Chu Trinh, Hanoi.concerning the classification and determination of state management authority in the field of crop productionTel.

 

- Office of the President of the StateFax. 8262266The Borrower: (name of the Borrower) đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance.

Address: đBoth parties agree to sign this authorization agreement with the following terms and conditions: đconcerning the classification and determination of state management authority in the field of crop productionArticle 1:concerning the classification and determination of state management authority in the field of crop productionThe Ministry of Finance authorizes (name of the Borrower) to perform the responsibilities and powers of the Ministry of Finance as specified in the Supplementary Loan Agreement signed on... month... year... between the Ministry of Finance represented by the Department of Foreign Finance and... (name of the Borrower). đThe Borrower and the Borrower shall not enter into any other agreement related to the Loan Agreement. If necessary, the Borrower may have additional guidance documents for the implementation of the Supplementary Loan Agreement with the Borrower. - Office of the President of the StateArticle 2:concerning the classification and determination of state management authority in the field of crop productionThe Borrower charges a loan fee at the rate of... (as determined by the regulation). This fee is included in the interest rate for the loan as specified in the Supplementary Loan Agreement. The Borrower deducts and retains this fee before returning it to the Agent. đconcerning the classification and determination of state management authority in the field of crop productionArticle 3: đResponsibilities of the Agent

(i) Provide the Borrower with copies of the original project documents including the Loan Agreement and the Supplementary Loan Agreement;amend(ii) Based on the disbursement notice from the External Sponsor, the Agent is responsible for recording the debt owed to the Borrower so that the Agent and the Borrower can confirm the loan amount each time. đconcerning the classification and determination of state management authority in the field of crop production(iii) The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to the provisions of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance.concerning the classification and determination of state management authority in the field of crop productionArticle III:

Article 4: đconcerning the classification and determination of state management authority in the field of crop productionIn the event of signing a Supplementary Credit Agreement - Office of the President of the StateSOCIALIST REPUBLIC OF VIET NAM đASSIGNEE đconcerning the classification and determination of state management authority in the field of crop productionMANAGEMENT OF FOREIGN LOAN CAPITAL - Office of the President of the StateResolution approving the project/work - Office of the President of the Statebased on the Development Credit Agreement and the Project Agreement (if any) number... signed on... between the Socialist Republic of Vietnam and... (name of the funding organization) funding the project/work... đconcerning the classification and determination of state management authority in the field of crop productionsupplementary loan agreement again on... day... month... year... between the Ministry of Finance and... (borrower); - Office of the President of the Statenumber... issued by the Minister of Finance under Decision No... of the Ministry of Finance promulgating the Regulation on supplementary loans from foreign government-funded sources;concerning the classification and determination of state management authority in the field of crop production* Representative: đ* Position:- Office of the President of the StateAddress: Ministry of Finance - No. 8 Phan Chu Trinh, Hanoi.concerning the classification and determination of state management authority in the field of crop productionToday, on... day... month... year..., at..., we include:

The Assignor:amendrepresented by the Department of Foreign Finance đconcerning the classification and determination of state management authority in the field of crop production* Representative: đ* Position:amendAddress:  concerning the classification and determination of state management authority in the field of crop productionRepresentative of the Assignor

Ministry of Finance - No. 8 Phan Huy Chu, Hanoi.concerning the classification and determination of state management authority in the field of crop productionguidance on exchange rates for debt recovery.concerning the classification and determination of state management authority in the field of crop productionTel. đconcerning the classification and determination of state management authority in the field of crop productionFax. 8262266 đThe Assignee: (name of the assignee) đconcerning the classification and determination of state management authority in the field of crop productionAddress:concerning the classification and determination of state management authority in the field of crop productionBoth parties agree to sign the Assignment Agreement with the followingconcerning the classification and determination of state management authority in the field of crop productionprovisions:ograms andArticle 1: đconcerning the classification and determination of state management authority in the field of crop productionThe Ministry of Finance assigns to (name of the assignee) to perform the responsibilities and authorities of the Ministry of Finance prescribed in the Supplementary Loan Agreement signed on... day... month... year... between the Ministry of Finance represented by the Department of Foreign Finance and... (name of the borrower). đThe Assignee and the Borrower shall not enter into any other document related đto the Supplementary Loan. If necessary, the Assignee may have additional guiding documents for the implementation of the Supplementary Loan Agreement đconcerning the classification and determination of state management authority in the field of crop productionwith the Borrower. đconcerning the classification and determination of state management authority in the field of crop productionArticle 2: đCharge a loan processing fee at a rate of... (the rate determined according to the Regulation). This rate đis included in the interest rate of the supplementary loan prescribed in the Supplementary Loan Agreement. The Assignee shall retain and deduct this fee before returning it to the Assignor.concerning the classification and determination of state management authority in the field of crop productionArticle 3:

 

- Office of the President of the StateResponsibilities of the Assignor - Office of the President of the State(i) Provide the Assignee with copies of the original project documents including

the Loan Agreement, the Supplementary Loan Agreement; đ(ii) Assist the Borrower in completing the procedures for confirming the loan amount each time. đconcerning the classification and determination of state management authority in the field of crop productionissued together with the Decision of the Assignor is responsible for repaying the State Budget on behalf of the Borrower (in the case where the Borrower does not repay) or shall be responsible for applying measures allowed by lawconcerning the classification and determination of state management authority in the field of crop productionto recover the debt. The Assignee retains two copies and becomes effective from the date of signing. đconcerning the classification and determination of state management authority in the field of crop productionthis Agreement.concerning the classification and determination of state management authority in the field of crop productionTwo copies and effective from the date of signing.

5.2. The delegating party and the đconcerning the classification and determination of state management authority in the field of crop productiondelegated party shall be responsible for implementing đthe above agreements đaccurately. During the implementation, based on actual circumstances, if deemed necessary, both parties will jointly reviewamendto supplement, amend đand modify. đHanoi, on... day... month...

 

year...amendRepresentative of the

REPRESENTED BY THE DEPARTMENT OF FOREIGN FINANCEdelegated party                       đconcerning the classification and determination of state management authority in the field of crop productionRepresentative of the delegating partyREPRESENTED BY THE DEPARTMENT OF FOREIGN FINANCEIn case of signing a Supplementary Agreement

MODEL NO. 2

(For the case of signing a Delegationconcerning the classification and determination of state management authority in the field of crop production(if applicable) đSOCIALIST REPUBLIC OF VIET NAM

 

DELEGATING PARTY

DegreeIndependence - Freedom - Happiness

 

CONTRACT - Office of the President of the StateMANAGEMENT OF FOREIGN LOAN FUNDS

Approval of the project/programPreambleFOREIGN

Decision on borrowing/credit or Grant Agreement (for non-reimbursable aid projects) signed on... between... (name of funding organization) and... (name of recipient organization) for the Project/Program (Name of Project/Program);

 

CamendDecision No... dated.../1/2000 of the Minister of Finance promulgating the Regulation on Loan Rescheduling from foreign government loan/grant funds; đBased on the Loan Agreement and the Project Agreement (if any) number... signed on... between the Socialist Republic of Vietnam and... (name of the funding organization) funding the project/program...ograms andThe Ministry of Finance,

CamendThe supplementary loan agreement dated... month... year... đbetween the Ministry of Finance and... (the recipient of the refinanced loan); đNumber... of the Decision of the Minister of Finance promulgating the Regulation on Refinancing Loans from foreign loan/grant sources of the Government;concerning the classification and determination of state management authority in the field of crop productionOn this day, on... day... month... year..., we include:ograms andThe delegating party:

Camendpursuant to the Memorandum of Understanding amending the Agreement; đRepresented by the Department of Foreign Financial Affairs,amend* Representative:

CamendDecision No... dated.../1/2000 of the Minister of Finance promulgating the Regulation on Loan Rescheduling from foreign government loan/grant funds; đ* Position:concerning the classification and determination of state management authority in the field of crop productionAddress:  concerning the classification and determination of state management authority in the field of crop productionMinistry of Finance - No. 8 Phan Huy Chu, Hanoi.

 

Tel.amendFax. 8262266

The delegated party: (name of the party) the Ministry of Finance

REPRESENTED BY THE DEPARTMENT OF FOREIGN FINANCEAddress: As for the principal and interest payments as specified in the Loan Agreement, the Borrower must repay them in priority equal to any other loans of the Borrower.Both parties agree to sign the delegation agreement with the following

terms andconcerning the classification and determination of state management authority in the field of crop productionf) Handle issues related to the submission and receipt of statistical reports, ensuring the exploitation and use of related statistical data for units and individuals; record đThe Ministry of Finance delegates to (name of the delegated party) to perform the responsibilities and authorities of the Ministry of Finance stipulated in the Loan Agreement signed on... day... month... year... between the Ministry of Finance represented by the Department of Foreign Financial Affairs with... (name of the borrower).

The delegated party and the borrower shall not enter into any other agreement related to the refinanced loan. If necessary, the delegated party may have additional guidance documents on the implementation of the Loan Agreement.

* Item 2:Charging a refinancing fee at a rate of... (the rate determined according to the Regulation). This fee is included in the refinancing interest rate stipulated in the Loan Agreement. The delegated party may retain this fee before transferring the remaining amount to the delegating party. Responsibilities of the delegating party

(i) Providing the delegated party with copies of the original documents of the project including the Loan Agreement and the Supplementary Loan Agreement;

(ii) Processing the confirmation procedures for each refinanced loan.

Metering Point: đconcerning the classification and determination of state management authority in the field of crop productionIssued together with this Decision. đconcerning the classification and determination of state management authority in the field of crop productionTELEPHONE NUMBER:

terms andconcerning the classification and determination of state management authority in the field of crop productionf) Handle issues related to the submission and receipt of statistical reports, ensuring the exploitation and use of related statistical data for units and individuals; record đThe Ministry of Finance delegates to (name of the delegated party) to perform the responsibilities and authorities of the Ministry of Finance stipulated in the Loan Agreement signed on... day... month... year... between the Ministry of Finance represented by the Department of Foreign Financial Affairs with... (name of the borrower).

The delegated party and the borrower shall not enter into any other agreement related to the refinanced loan. If necessary, the delegated party may have additional guidance documents on the implementation of the Loan Agreement.

* Item 2:The delegating party is responsible for repaying the budget debt on behalf of the borrower or has the responsibility to apply measures allowed by law.

(i) Providing the delegated party with copies of the original documents of the project including the Loan Agreement and the Supplementary Loan Agreement;

Fax

The delegated party retains two copies and becomes effective from the date of signing.amendThis agreement. đArticle and đ1.8. THE BORROWER MAY PREPAY THE LOAN AFTER GIVING WRITTEN NOTICE AT LEAST 30 DAYS BEFORE THE PREPAYMENT TO THE AUTHORIZED ENTITY AND THE AUTHORIZED PARTY.concerning the classification and determination of state management authority in the field of crop productionng được sửa lại là Quyết định số 53/2003/Q-BTC.

 

- Office of the President of the StateArticle 1:   The Ministry of Finance delegates to (name of the delegatee) đconcerning the classification and determination of state management authority in the field of crop productionthe responsibilities and authorities of the Ministry of Finance prescribed đin the Subsidiary Loan Agreement đsigned on .. month... yearamendbetween the Ministry of Finance represented by the Department of Financial đForeign Affairs and... đ(name of the Resublender).concerning the classification and determination of state management authority in the field of crop productionThe delegatee and the Resublender shall not enter into any other document

Metering Point: đconcerning the classification and determination of state management authority in the field of crop productionrelated to the Resublending Loan. If necessary, the delegatee may have aconcerning the classification and determination of state management authority in the field of crop productionguiding document providing specific instructions for implementing theamendSubsidiary Loan Agreement. đArticle 2: đconcerning the classification and determination of state management authority in the field of crop productionCharge a resublending fee at a rate of ... (the rate determined accordingamendto the Regulation). This fee is included in the interest rate of the resublending loanconcerning the classification and determination of state management authority in the field of crop productionprescribed in the Subsidiary Loan Agreement. The delegatee is entitled to deduct đand retain this fee before remitting the balance to the delegator. đResponsibilities of the delegator:concerning the classification and determination of state management authority in the field of crop productionArticle III:

 

- Office of the President of the State(i) Provide the delegatee with copies of the original project documentsUpon receipt of the withdrawal notice from the External Sponsor, the Agent is responsible for recording the debt owed to the Borrower.concerning the classification and determination of state management authority in the field of crop productionImplementation Provisions

Metering Point: đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance. đconcerning the classification and determination of state management authority in the field of crop production- State Social Insurance;concerning the classification and determination of state management authority in the field of crop productionrelating to the Loan Agreement, the Subsidiary Loan Agreement; đ(ii) Assist the resublender in processing confirmation procedures for each đresublending disbursement. đin the Subsidiary Loan Agreement đUpon issuance pursuant to the Decision of the Government, the delegatee đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance. đconcerning the classification and determination of state management authority in the field of crop productionshall be responsible for repaying the budget debt on behalf of the delegatorconcerning the classification and determination of state management authority in the field of crop productionor shall be responsible for applying measures permitted by law.

 

- Office of the President of the StateArticle 3:The delegatee shall keep two copies and it shall take effect from the date of signing.

this agreement. đconcerning the classification and determination of state management authority in the field of crop productionbe authorized to hold copies of the documents co>version of the project nconcerning the classification and determination of state management authority in the field of crop production>Agreement đon loan, Subsidiary đ>Agreement on loan;

(ii) EamendUpon receipt of the disbursement notification from the Sponsor, the Entrusting Party shall be responsible for recording the debit for the Borrower. đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance. đIn order for the Entrusting Party and the Borrower to jointly process the procedures to confirm the re-lent capital each time.concerning the classification and determination of state management authority in the field of crop production>ach time a loan is refinanced, procedures for confirming the refinanced loan shall be carried out.

(iii) The Entrusting Party shall be responsible for monitoring and accounting for the submission of state budget revenues from the recovered re-lending amounts of the Borrower. đconcerning the classification and determination of state management authority in the field of crop productionThe Agent: đdecision on the establishment, use, and management of the Accumulated Debt Repayment Fund outside the country issued together with this Decision.concerning the classification and determination of state management authority in the field of crop production>issued together with the Decision đ* Position:- Office of the President of the StateAddress: Ministry of Finance - No. 8 Phan Chu Trinh, Hanoi.concerning the classification and determination of state management authority in the field of crop productionTel.

 

- Office of the President of the StateArticle 4:The Borrower: (name of the Borrower) đconcerning the classification and determination of state management authority in the field of crop production3.3. The Agent is responsible for monitoring and accounting for the submission of the recovered loan funds to the State Budget by the Borrower according to Article 4 of the Regulation on Establishment, Use, and Management of the Accumulation Fund for Repayment of External Debts issued together with Decision No. 72/1999/QD-BTC dated July 9, 1999 of the Ministry of Finance.

(i) Implement the responsibilities of the Ministry of Finance as prescribed in the Loan Agreement. đDecision at the Agreement đsupplementary loan agreement.

(ii) Recover and refund to the State Budget the principal and interest amounts according to the Rescheduling Loan Agreement/Loan Agreement provisions. đ>ouncil be authorized to be responsible for repaying the budget debt instead of the ng đlending/re-lending Agreement/Supplementary Loan Agreement. đsupplementary loan agreement.

The submission of recovered capital to the State Budget shall be carried out in accordance with Article 4 of the Regulation on the Establishment, Use, and Management of the Accumulated Debt Repayment Fund. đ4.2. Based on the withdrawal notice from the Agent, the Borrower is responsible for processing the receipt of the loan funds for the Borrower. - Office of the President of the StateArticle 4 of the Regulation on the Establishment, Use, and Management of the Accumulated Debt Repayment Fund.concerning the classification and determination of state management authority in the field of crop productionRepresentative of the Assignor

(iii) Every six months, in June and December each year.amendParty đconcerning the classification and determination of state management authority in the field of crop productionThe party authorized to submit reports on the plan for recovering capital and the implementation of this plan to the authorizing party.

(iv) The Entrusted Party shall be responsible for repaying the state budget debt on behalf of the Borrower.concerning the classification and determination of state management authority in the field of crop productionguidance on exchange rates for debt recovery.concerning the classification and determination of state management authority in the field of crop productionIf the rescheduled loan does not repay the debt or repays it late, the authorized party shall be responsible for repaying the State Budget instead of the rescheduled lender (if the authorized party conducts its own audit) or shall be responsible for applying measures permitted by law đconcerning the classification and determination of state management authority in the field of crop production>or be responsible for applying the measures permitted by lawconcerning the classification and determination of state management authority in the field of crop productionto recover the debt, in the case where within sixty days from the dateconcerning the classification and determination of state management authority in the field of crop productionproject/project (as stipulated in the Decision) or shall be responsible for applying measures permitted by law.ograms andArticle 1: đconcerning the classification and determination of state management authority in the field of crop productionof the report, the authorized party must report to the Government on the measures taken. đ>ouncil be authorized to retain two copies and become effective from the date of signing. đArticle 5:concerning the classification and determination of state management authority in the field of crop productionImplementation clause: đto the Supplementary Loan. If necessary, the Assignee may have additional guiding documents for the implementation of the Supplementary Loan Agreement đconcerning the classification and determination of state management authority in the field of crop productionwith the Borrower. đconcerning the classification and determination of state management authority in the field of crop productionArticle 2: đThis Agreement is made in four originals, the authorizing party retains two copies, the authorized party retains two copies, and becomes effective from the date of signing.concerning the classification and determination of state management authority in the field of crop productionGovernment to take remedial measures.

- Office of the President of the StateThe authorizing party and the authorized party may, based on actual circumstances, jointly review - Office of the President of the Stateto amend and supplement this Agreement if necessary.

Agreement đ(ii) Assist the Borrower in completing the procedures for confirming the loan amount each time. đconcerning the classification and determination of state management authority in the field of crop productionshall be made in four copies, the Entrusting Party retains two copies, and the Entrusted Party retains two copies, and becomes effective from the date of signing. đconcerning the classification and determination of state management authority in the field of crop production>of this Agreement.

Entrusting Party and the Entrusted Party, đconcerning the classification and determination of state management authority in the field of crop productiondelegated party shall be responsible for implementing đthe above agreements đaccurately. During the implementation, based on actual circumstances, if deemed necessary, both parties will jointly reviewamendbased on actual circumstances, if deemed necessary, both parties will jointly review đto amend đand supplement this Agreement. đồng này.