Decree No. 151/2006/ND-CP stipulates State investment credit and export credit, applicable to enterprises and economic organizations with investment loan projects or import-export contracts. It provides detailed regulations on conditions, amounts, terms, procedures, and related sanctions.
Scope of application
Enterprises with investment loan projects, import-export enterprises, Vietnam Development Bank, and other relevant organizations and individuals.
Key points
- The adjustment includes the project sponsor, exporter, importer, Vietnam Development Bank, and other relevant organizations and individuals. Investment projects can only apply one form of investment credit; export-import contracts are also subject to this rule.
- The maximum loan amount is 70% of the total investment capital (excluding working capital) for each investment project, and 85% of the value of export-import contracts. The loan term does not exceed 12 years but may be extended up to 15 years for certain special projects.
- Project sponsors and exporters must use borrowed funds for their intended purpose, repay principal and interest according to the signed credit contract, and fulfill commitments under the guarantee contract and post-investment support contract.
- The decree stipulates that post-investment support will be provided at a rate equal to the difference between the lending rate of financial institutions for investment loans and 90% of the lending rate applicable to the specified entities.
- Penalties for violations include compensation for damages and handling according to the law. The Vietnam Development Bank is responsible under the law for implementing the State's investment credit and export credit policies.
🌐 Social impact of this document
- Creating opportunities for enterprises to borrow investment capital, supporting economic and social development.
- Reducing the financial burden on project sponsors through post-investment interest rate support.
- May create pressure on debt management for the Vietnam Development Bank and borrowing enterprises.
- Strengthening credit market activities, promoting exports and domestic investment.
❓ Frequently asked questions
Who is eligible to borrow investment credit?
Enterprises with investment projects included in the List of Investment Credit Loan Projects issued together with this Decree.
What is the maximum loan amount?
The maximum loan amount is 70% of the total investment capital of the project (excluding working capital).
What is the maximum loan term?
The loan term does not exceed 12 years, but may be extended up to 15 years for certain special projects.
How is the project sponsor supported with post-investment interest rates?
Post-investment support is provided at a rate equal to the difference between the lending rate of financial institutions for investment loans and 90% of the lending rate applicable to the specified entities under Article 10 of this Decree.
What happens if the project sponsor cannot repay the debt?
After 60 days from the due date of the loan, if the project sponsor cannot repay the debt, the financial institution may request the Vietnam Development Bank in writing to repay the debt on behalf of the sponsor. The sponsor must accept compulsory debt and has the responsibility to repay the Vietnam Development Bank for the amount repaid on their behalf with a penalty interest rate of 150% of the lending rate of the financial institution.
Full text
DECREE
Regarding State investment credit and export credit
_________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on State Budget dated December 16, 2002;
Pursuant to the Investment Law dated November 29, 2005;
Pursuant to the Credit Institutions Law dated February 12, 1997 and the Law Amending and Supplementing Certain Provisions of the Credit Institutions Law dated May 16, 2004;
Upon examination The proposal of the Minister of Finance.
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope and objects regulated
1. The scope of regulation of this Decree includes:
a) Investment credit, including: investment loans, investment credit guarantees, post-investment support;
b) Export credit, including: export loans (for exporters and importers), export credit guarantees, bid guarantees, and contract performance guarantees.
2. The objects regulated include:
a) Enterprises and economic organizations with projects eligible for investment loans, investment credit guarantees, and post-investment support (hereinafter referred to as the project sponsor);
b) Domestic enterprises and economic organizations with export contracts or foreign organizations importing goods eligible for export credit loans and export credit guarantees;
c) Vietnam Development Bank and other relevant organizations and individuals during the implementation of State investment credit and export credit.
Article 2. Principles of investment credit and export credit
1. Lend and guarantee projects and contracts that directly recover capital.
2. A single investment project may only apply one form of investment credit; a single export or import contract may only apply one form of export credit if it meets the conditions stipulated.
3. Investment projects and export contracts, transfer of enterprise ownership form or restructuring of enterprises. import contracts when borrowing or being guaranteed must be reviewed by the Vietnam Development Bank regarding financial plans and loan repayment plans..
4. Project sponsors, exporters, and importers who borrow or are guaranteed must use borrowed funds for their intended purpose; repay principal and interest according to the signed credit agreement; fulfill all commitments in the guarantee and post-investment support agreements and comply with the provisions of this Decree.
5. The list of projects eligible for investment credit and the list of goods eligible for export credit are prescribed by the Government..
Article 3. Definitions
In this Decree, the following terms are understood as follows: Exporter
1. “refers to enterprises and economic organizations exporting goods produced in Vietnam." "Foreign importer" (hereinafter referred to as importer) refers to foreign organizations purchasing goods produced in Vietnam.
2. “3. "Loan term" is the period from the first withdrawal of funds until the full repayment of the loan according to the credit agreement.
4. "Grace period" is the time during which the project sponsor, exporter, and importer do not have to repay the principal but must pay interest.
5. "Repayment period" is the period from the first repayment of the loan until the full repayment of the loan according to the credit agreement. Clause 6. "Repayment schedule" is the period specified for each repayment within the repayment period.
7. "Lending" is providing loans to project sponsors, exporters, or importers to implement investment projects, export contracts,
or import contracts.
"Guarantor" is the Vietnam Development Bank. Vietnam Development Bank 9. "Guaranteed party" is the project sponsor or exporter guaranteed by the Vietnam Development Bank. 10. "Beneficiary" is the organization lending to the project sponsor or exporter or inviting bids for export contracts. 11. "Loan guarantee" is the commitment of the guarantor to repay on behalf of the guaranteed party if they fail to repay or repay insufficiently.
8. 12. "Bid guarantee" is the commitment of the Vietnam Development Bank to the bidder to ensure the obligation of the exporter to participate in bidding. If the exporter fails to pay penalties for violating tender regulations and does not pay or pays insufficiently to the bidder, the Vietnam Development Bank will fulfill the payment instead.
13. "Contract performance guarantee" is the commitment of the Vietnam Development Bank to the beneficiary to ensure the fulfillment of the obligations of the exporter under the signed contract.
If the exporter breaches the contract and must compensate for damages to the beneficiary but fails to do so or does so insufficiently, the Vietnam Development Bank will fulfill the obligation instead.
14. "Post-investment support" is the State's provision of partial interest rate subsidies to project sponsors borrowing from credit institutions for investment projects after completion and commencement of operation and ability to repay the loan. Vietnam Development Bank Plan for State investment credit and export credit 1. The annual plan for State investment credit and export credit includes the following indicators: . When refusing to guide probationers 1. The annual plan for State investment credit and export credit includes the following indicators: a) Total State investment credit and export credit;
b) Sources of funds for implementing State investment credit and export credit; c) State budget subsidies for interest rate differences and post-investment support.
2. The Vietnam Development Bank reports annually to the Ministry of Planning and Investment, the Ministry of Finance, and the State Bank of Vietnam on the annual plan for State investment credit and export credit and long-term plans to be included in the overall socio-economic development plan. INVESTMENT LOANS Forms of investment loans 1. Loans for domestic investment projects. 2. Loans for overseas investment projects.
The borrower must have investment projects listed in the Catalogue of Projects Eligible for Investment Credit issued together with this Decree.
Article 4. 1. Comply with the provisions of Article 6 of this Decree. and 2. Follow the procedures for investment as prescribed by law.
3. The project sponsor must have full legal capacity and civil conduct capacity.
4. The project sponsor must have a business plan, production plan, ensuring repayment of debt, reviewed and approved by the Vietnam Development Bank.
5. The project sponsor must ensure sufficient funding for the project and meet the specific financial conditions of the non-loan investment capital portion
provided by the State
to secure the loan according to the provisions of this Decree. 7. The
Chapter II
STATE INVESTMENT CREDIT
Section 1
project sponsor must purchase asset insurance from a legally operating insurance company in Vietnam.
Article 5. Forms of investment lending
1. Lending for domestic investment projects.
2. Lending for overseas investment projects.
Article 6. Borrowing Objectives
The borrowing entities are the investment projects listed in the Catalogue of Investment Credit Borrowing Projects issued together with this Decree. 1. Falling within the scope defined in Article 6 of this Decree.
Article 7. Conditions for lending
2. Complying with investment procedures as prescribed by law.
3. The investor having full legal capacity and civil conduct capacity.
4. The investor having
business plans, ensuring Projectdebt repayment; their financial plan and debt repayment plan must be appraised by the Vietnam Development Bank and approved for lending. 5. The investor must ensure sufficient capital to implement the project and meet specific financial conditions for the non-loan investment portion from the State
implementing loan guarantees according to the provisions of this Decree. 7. The.
6. Project sponsors investor must purchase asset insurance from a legally operating insurance company in Vietnam
rubber) requires a loan period exceeding for assets formed from borrowed capital that are subject to mandatory insurance throughout the loan period.
8. In cases where foreign investment projects under bilateral agreements between two governments and foreign investment projects pursuant to the Prime Minister's decision, Article 11 of this Decree shall apply.
Article 8. Loan Capital Amount
1. The maximum loan capital amount for each project is 70% of the total investment capital of the project (excluding working capital).
2. The loan capital amount for each project is determined by the Vietnam Development Bank in accordance with Clause 1 of this Article.
3. In special cases, if a project necessarily needs to borrow more than 70% of the total investment capital of the project (excluding working capital) to meet the conditions for implementation, the Vietnam Development Bank will propose to the Ministry of Finance to submit to the Prime Minister for consideration and decision.
Article 9. Loan Period
1. The loan period is determined based on the project's ability to recover capital and the borrower's capacity to repay debt, consistent with the production and business characteristics of the project, but not exceeding 12 years.
2. For certain special projects (Group A projects, pine tree planting, rubber tree planting), a longer loan period of over 12 years is required to meet the conditions for implementation, the maximum loan period is 15 years. 12 years to meet the implementation conditions, then the maximum loan term is 15 years. For projects lent under Government Agreements and overseas investment projects pursuant to the Prime Minister's decision on investment lending
3. The Vietnam Development Bank determines the loan period for each project in accordance with Clauses 1 and 2 of this Article.
Article 10. Currency and Interest Rate for Loans
1. The currency for loans is the Vietnamese dong. Foreign currency loans can be made in freely convertible foreign currencies for projects requiring the import of machinery and equipment, provided that the borrower has the ability to balance foreign currency repayment.
2. The interest rate for loans denominated in Vietnamese dong is equal to the Government bond interest rate for a five-year term plus 0,5% per annum.
3. For infrastructure development projects; agricultural and rural development projects; projects in economically disadvantaged areas, particularly difficult areas; projects in Khmer concentrated settlement areas, villages under Program 135, and border villages under Program 120, and coastal villages, the interest rate for loans denominated in Vietnamese dong is equal to the Government bond interest rate for a five-year term. 4. The interest rate for loans denominated in freely convertible foreign currencies is decided by the Ministry of Finance based on the principle of preferential rates above the six-month Sibor rate plus a percentage.
5. The interest rate for loans is determined at the time of signing the first credit agreement and remains unchanged throughout the loan period. 6. The interest rate for overdue loans is 150% of the in-term interest rate specified in the credit agreement.
The Minister of Finance announces the interest rate for investment loans for the Vietnam Development Bank to implement. The maximum number of annual interest rate announcements is twice a year.
For projects financed under government agreements and foreign investment projects pursuant to the Prime Minister's decision
7. 1. The conditions, interest rates, loan periods, loan amounts, and related loan guarantee provisions for such projects are implemented according to the provisions set forth in the Agreement.
Article 11. stipulated in this Decree.
2. If the Agreement does not specify these conditions, interest rates, loan periods, loan amounts, and loan guarantees,
then they shall be implemented in accordance with the provisions on investment lending stipulated in this Decree. already signed or the value of the Letter of Credit for pre-delivery lending or the value of a valid bill of exchange for post-delivery lending. as provided for in Clause 1 of this Article.
3. Foreign investment projects pursuant to the Prime Minister's decision shall be implemented in accordance with the provisions already signed or the value of the Letter of Credit for pre-delivery lending or the value of a valid bill of exchange for post-delivery lending. of this Decree.
Section 2
POST-INVESTMENT SUPPORT
Article 12. Subjects eligible for post-investment support
The subjects eligible for post-investment support are investors with projects listed in the List of Projects for Credit Investment Loans, including:
1. Infrastructure investment projects for socio-economic development.
2. Agricultural and rural development investment projects.
3. Projects located in areas with difficult socio-economic conditions, particularly difficult conditions; projects in regions where the Khmer ethnic group resides, communes under Program 135, and border communes under Program 120, and coastal commune areas.
Article 13. Conditions for post-investment support
1. The project must be within the scope of post-investment support as stipulated in Article 12 of this Decree.
2. Be appraised and enter into a post-investment support contract with the Vietnam Development Bank.
3. The investment project has been completed and put into operation, and the investor has repaid the loan.
Article 14. Level of post-investment support
1. The level of post-investment support is the difference between the interest rate on investment loans from credit institutions and 90% of the interest rate applicable to investment loans for the subjects specified in Article 10 of this Decree..
2. The Vietnam Development Bank provides post-investment support based on the repayment results of the investor.
Section 3
GUARANTEE OF INVESTMENT CREDIT
Article 15. Subjects eligible for guarantee
Investors with projects eligible for investment credit loans as prescribed in this Decree and have a need for guarantee to borrow funds from other credit institutions.
Article 16. Conditions for guarantee
1. Belonging to the category of investment credit guarantee as prescribed in Article 15 of this Decree.
2. Meeting all conditions prescribed in Clauses 2, 3, 4, 6 and 7 , Clause 1, Clause 2 Article 7a of this Regulation.of this Decree.
Article 17. Duration of guarantee
Shall be determined in accordance with the loan term stipulated in the credit contract between the investor and the credit institution.
Article 18. Guarantee amount and guarantee fee
1. The guarantee amount corresponds to the loan amount but does not exceed the total investment cost of the project (excluding working capital).
2. The investor receiving the guarantee does not have to pay a fee.
Article 19. Financial responsibility when the investor fails to repay the debt
In case the investor fails to repay the loan according to the signed credit contract, then:
1. After 60 days from the due date of the loan, if the investor still cannot repay the debt, the credit institution shall send a written request to the Vietnam Development Bank to repay the debt on behalf of the investor.
2. The Vietnam Development Bank shall be responsible for repaying the debt to the credit institution on behalf of the investor for the overdue loan amount that has been guaranteed upon receipt of the request to repay the debt.
3. The investor must accept the debt obligation and is responsible for repaying the Vietnam Development Bank the amount repaid on their behalf at an interest rate penalty of 150% of the loan interest rate of the credit institution.
Chapter III
EXPORT CREDIT
Section 1
EXPORT LOANS
Article 20. Forms of export loans
1. Loans to exporters, including pre-shipment or post-shipment loans.
2. Loans to importers.
Article 21. Borrowing Objectives
Exporters must have export contracts and importers must have import contracts for goods listed in the List of goods eligible for export credit loans issued together with this Decree.
Article 22. Conditions for loans
1. Belonging to the category of borrowers as prescribed in Article 21 of this Decree.
2. Exporters have signed export contracts. Importers have signed import contracts with Vietnamese enterprises or economic organizations.
3. Business plans assessed and approved by the Vietnam Development Bank as effective.
4. Exporters, of house importers must have full legal capacity and civil conduct capacity.
5. In addition to the conditions prescribed in Clauses 1, 2, 3 and 4 of this Article:
a) Exporters must comply with the provisions on loan security in this Decree; must purchase asset insurance from a legally operating insurance company in Vietnam for assets formed from the loaned funds that are subject to mandatory insurance throughout the loan period;
b) Importers must be guaranteed by the government or central bank of the importing country for borrowing.
Article 23. Loan Amount
1. The maximum loan amount is 85% of the value of the export contract signed or the Letter of Credit (L/C) value for pre-shipment loans, or the value of valid bills of exchange for post-shipment loans. 2. Import procedures shall be carried out in accordance with relevant laws and regulations. 2. In necessary cases,
2. The loan amount for each case shall be decided by the Vietnam Development Bank as stipulated in Clause 1 of this Article. Article 2. Effectiveness of enforcement the Ministry of Finance shall examine
Article 24. Loan Term
1. The loan term is determined based on the ability to recover capital in accordance with the characteristics of each export contract and the debtor's repayment capacity, but not exceeding 12 months.
2. Interest rates for export credit loans in Vietnamese dong and convertible foreign currency shall be determined by the Ministry of Finance in accordance with market interest rates. the factoring period, In cases where it is necessary to extend the loan period beyond 12 months, the exporter must meet the conditions to implement the export contract, and the Vietnam Development Bank will propose to the Ministry of Finance for consideration. 3. The Minister of Finance shall announce the interest rate for export credit loans for the Vietnam Development Bank to implement. The maximum number of annual announcements is two times.decisions.
Article 25. Currency and Interest Rate for Loans
1. The currency for loans is the Vietnamese Dong (VND). Foreign currency loans can be made in freely convertible foreign currencies for export contracts requiring import of raw materials, provided that the exporter has foreign currency revenue to repay the debt.
1. Belonging to the guarantee objects as prescribed in Article 27 of this Decree and requiring guarantees to borrow from other credit institutions. 2. The interest rate for export credit loans in Vietnamese Dong and freely convertible foreign currencies shall be decided by the Ministry of Finance according to the principle of being consistent with market interest rates. Article 29. Guarantee Period
3. The overdue interest rate is 150% of the contractual interest rate for on-time loans under the credit agreement.
Article 30. Guarantee Amount, Guarantee Fee
4. The Minister of Finance shall announce the interest rate for export credit loans for the Vietnam Development Bank to implement. The maximum number of annual interest rate announcements is two times.
Article 26. Implementation of Disbursement and Debt Collection
Section 2
The Vietnam Development Bank directly disburses funds and collects debts, or entrusts financial and credit organizations operating legally both domestically and internationally to carry out disbursements and debt collection.
GUARANTEE FOR EXPORT CREDIT
Article 27. Guarantee Object
The guarantee object is exporters with export contracts for goods listed in the Export Credit Financing Loanable Goods Catalogue, but who do not borrow state export credit financing.
2. Exporters
Article 28. Conditions for Guarantee
1. Belonging to the guarantee object as prescribed in Article 27 of this Decree and having a need for guarantee to borrow from other credit institutions.
. Financial liability when the exporter fails to repay the debt shall be applied as prescribed in Article
2. Having full legal capacity and full civil conduct capacity.
Article 32. Guarantee Objects
3. Meeting all conditions stipulated in Clauses 2, 3, 4, and 5 of Article 22 of this Decree.
Article 33. Guarantee Conditions amended and supplemented by Law No. 87/2025/QH15; Article 29. Guarantee Period The guarantee period is consistent with the loan term specified in the credit contract between the exporter and the credit institution, but not exceeding 12 months.
Article 312. Having legal documents proving the foreign party's requirement for bid bond or performance guarantee for export contracts. Article 30. Guarantee Amount and Guarantee Fee 3. Build-Operate-Transfer Contract (hereinafter referred to as BOT Contract) is a contract signed between the competent state agency and the investor, project enterprise to construct infrastructure works; after completion of the works, the investor, project enterprise has the right to operate the works for a certain period of time; at the end of the period, the investor, project enterprise transfers the works to the competent state agency.
Section 3
1. The guarantee amount for exporters borrowing funds does not exceed 85% of the value of the export contract or the L/C value.
5. Taking the lead and coordinating with the Ministry of Planning and Investment, the State Bank of Vietnam to annually assess the implementation of the State's investment credit and export credit policies and the results of the Vietnam Development Bank's operations, reporting to the Prime Minister.
2. The exporter receiving the guarantee must pay a guarantee fee of 1% per year on the outstanding credit balance guaranteed.
short-term and long-term;
Financial liability when the exporter fails to repay the debt shall be applied as prescribed in Article 19 of this Decree.
submitting to the Prime Minister for consideration and decision on
3. GUARANTEES FOR BIDDING AND CONTRACT IMPLEMENTATION
Article 34. Guarantee Period
The tender guarantee period and the export contract performance guarantee period shall be consistent with the period for fulfilling the obligations of the exporter..
Article 35. Amount of Guarantee, Guarantee Fee
1. The maximum amount of the tender guarantee shall not exceed 3% of the tender price, and the maximum amount of the export contract performance guarantee shall not exceed 15% of the value of the export contract.
2. The exporter receiving the guarantee must pay a guarantee fee of 0.5% per year on the value of the guarantee, but the maximum amount payable is 100 million VND per guarantee contract.
Article 36. Financial Liability of Exporters when the Vietnam Development Bank Must Fulfill the Guarantee Obligation for Foreign Parties
The exporter receiving the guarantee must accept compulsory debt for the amount paid by the Vietnam Development Bank to the foreign party and must bear a penalty interest rate of 150% of the export credit lending interest rate on the amount of debt accepted.
Chapter IV
GUARANTEE OF LOANS, REPAYMENT OF LOANS AND MANAGEMENT OF CREDIT INVESTMENT AND EXPORT CREDIT RISKS
Article 37. Loan Guarantee
1. Investors, when borrowing funds or obtaining guarantees, may use assets formed from borrowed capital to secure loans and guarantees. In cases where assets formed from borrowed capital do not meet the conditions for securing loans and guarantees, the investor must use other lawful assets to secure loans and guarantees with a minimum value equal to 15% of the total loan amount and guarantee.
2. When exporting enterprises borrow funds or obtain export credit guarantees, they must comply with current legal provisions regarding loan security; they are exempted from collateral when obtaining tender guarantees or contract performance guarantees.
3. Investors and exporters are not allowed to transfer, sell, lease, lend, mortgage, or pledge secured assets before fully repaying their debts. If investors or exporters cannot repay their debts or are dissolved or bankrupt, the Vietnam Development Bank may apply measures to handle secured assets according to the laws governing financial institutions to recover debts.
Article 38. Repayment of Loans
1. Investors, exporters, and importers have the responsibility to repay loans to the Vietnam Development Bank in accordance with signed credit contracts.
2. During the grace period, investors do not need to repay the principal but must pay interest as stipulated in the signed credit contract.
3. After ten working days from the due date for repayment, if investors, exporters, or importers who have borrowed funds fail to repay the loan for that period, the overdue principal and interest will incur late payment interest as prescribed.
4. In cases where importers cannot repay their debts or repay insufficiently, the Vietnam Development Bank has the responsibility to recover debts from guarantors in the importing country according to the terms of the guarantee contract.
Article 39. Risks and Risk Management
1. Risks considered for managing credit investment and export credit include:
a) Force majeure risks: natural disasters, fires, unexpected accidents, political risks, direct war causing damage to the assets of the investors or exporters; investors or exporters being declared bankrupt or dissolved; investors or exporters dying or disappearing without heirs in cases where investors or exporters are individuals;
b) Financial difficulties of state-owned enterprises that must be addressed during the process of ownership conversion.
2. Measures for handling risks include adjusting the repayment period, extending the debt, suspending debt collection, writing off debt (principal, interest).
Article 40. Classification of Debts and Establishment of Risk Reserve Fund
1. The Vietnam Development Bank shall classify debts in accordance with the regulations of the State Bank of Vietnam.
2. The Vietnam Development Bank may establish a Risk Reserve Fund to address risks arising from borrowers, exporters, and importers who are unable to repay their debts.
3. The amount set aside for the Risk Reserve Fund shall be recorded as part of the operational costs of the Vietnam Development Bank.
4. The level of setting up and using the Risk Reserve Fund shall be stipulated in the financial mechanism of the Vietnam Development Bank.
Article 41. Authority to Handle Risks
1. The General Director of the Vietnam Development Bank may adjust the repayment period, term, and amount of each repayment period, extend the debt, and the total extension period shall not exceed one-third of the loan term specified in the initial credit agreement, and the total borrowing period shall not exceed the maximum borrowing period as prescribed by this Decree.
2. The Minister of Finance decides on the write-off of debts and interest for investors and exporters based on the proposal of the General Director of the Vietnam Development Bank.
3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment and the State Bank of Vietnam to review and submit to the Prime Minister for decision on cases of principal debt write-offs based on the proposal of the General Director. If the exporter fails to pay penalties for violating tender regulations and does not pay or pays insufficiently to the bidder, the Vietnam Development Bank will fulfill the payment instead.
Chapter V
SOURCES OF FUNDS FOR IMPLEMENTING INVESTMENT CREDIT AND EXPORT CREDIT OF THE STATE
Article 42. State budget capital
1. The charter capital of the Vietnam Development Bank.
2. The state budget supplements the interest rate differential and post-investment support.
3. State budget capital allocated to government programs and objectives.
Article 43. Mobilized Capital
1. Issuance of government bonds, bonds guaranteed by the Government, Vietnam Development Bank bonds, and promissory notes, deposit certificates in accordance with the law. 2. Borrowing from the Postal Savings Service Company, Social Insurance, and domestic and foreign financial and credit organizations.
3. Other sources of capital
4. The mobilization of foreign currency capital must be considered based on actual capital needs and the opinions of the Ministry of Finance, the Ministry of Planning and Investment, and the State Bank of Vietnam. in accordance with the law.
Chapter 6:
RESPONSIBILITIES OF GOVERNMENT MANAGEMENT AGENCIES, VIETNAM DEVELOPMENT BANK, AND INVESTORS, EXPORTERS, IMPORTERS
Article 44. Ministry of Finance
1. Take the lead and coordinate with relevant ministries and agencies to submit to the Government for issuance of mechanisms and policies related to state investment credit and export credit.
2. Guide or issue according to its authority mechanisms and policies related to state investment credit and export credit for the Vietnam Development Bank to implement; supervise the financial activities of the Vietnam Development Bank.
3. Decide according to its authority on lending interest rates, risk handling, and lending periods exceeding twelve months.
4. Inspect and supervise the Vietnam Development Bank in matters of borrowing and repaying mobilized capital; using capital for lending for investment, investment credit guarantees, post-investment support, export lending, export credit guarantees, bid guarantees, and performance bond guarantees, import lending, and debt collection; performing certain tasks assigned by the Prime Minister.
5. Take the lead and coordinate with the Ministry of Planning and Investment and the State Bank of Vietnam to annually assess the implementation of state investment credit and export credit policies and the results of the Vietnam Development Bank's operations, and report to the Prime Minister.
annual investment credit and export credit plans; coordinating with the Ministry of Finance to develop
Article 45. Ministry of Planning and Investment
1. Aggregate the State's credit investment plan and export credit plan in the annual and long-term socio-economic development plans; N |||submit to the Prime Minister for consideration and decision on the State's annual credit investment plan and export credit plan; coordinate with the Ministry of Finance to develop the State's credit investment and export credit plans. investment credit and export credit export credit 4. Collecting principal and interest on investment credit and export credit loans as prescribed. regarding the issuance of Export Credit Support Regulations and other relevant regulations concerning State investment credit and export credit. policy investment credit, export credit 7. The.
2. Take the lead and coordinate with the Ministry of Finance to prepare the annual State budget estimate for credit investment and export credit activities.
3. Coordinate with the Ministry of Finance to inspect the operations of the Vietnam Development Bank in borrowing, receiving debts, and repaying debts from mobilized funds, using funds to implement State credit investment and export credit; handle State credit investment and export credit risks according to regulations.
Article 46. Ministry of Trade
1. Develop and submit to the Government and the Prime Minister strategies and programs for developing export goods in each period; coordinate with the Ministry of Finance to develop the State's export credit plan. policy export credit 7. The.
2. Publicize widely information about the export market; propose solutions and guidance to expand and develop Vietnam's export market.
Article 47. State Bank of Vietnam
1. Implement State management functions over currency, foreign exchange, credit, and payment related to State credit investment and export credit.
2. Coordinate with the Ministry of Finance to develop State credit investment and export credit policies.
Article 48. Vietnam Development Bank
1. Organize the implementation of State credit investment and export credit policies in accordance with this Decree.
2. Propose to competent agencies authority amendments and supplements to State credit investment and export credit policies.
3. Handle risks within its authority and be responsible for the accuracy, transparency in risk handling proposals submitted to competent authorities for review, 4. Collect principal and interest on credit investment and export credit loans according to regulations. ||| Total number of subjects who have completed execution of the decision.
4. Collection of principal and interest on investment credit and export credit in accordance with regulations.
Article 49. Ministries, ministerial-level agencies, government agencies under the Government, People's Committees of provinces and centrally-administered cities shall perform their functions and powers
1. Announce planning, plans, development orientations, and procedures, norms, standards, economic-technical quotas of industries, sectors, products, territorial areas as the basis for implementing State credit investment and export credit policies.
2. Direct, inspect, and supervise investors to implement investments in accordance with State regulations on investment; resolve issues related to the implementation of State credit investment and export credit policies.
Article 50. Investors, exporters, importers
1. Cuprovide accurate, complete, and timely information and documents related to borrowing, guarantees, post-investment support, and loan usage to the Vietnam Development Bank.
2. Use borrowed funds for intended purposes, repay debts fully and on time, and fulfill all commitments in credit, guarantee, and post-investment support contracts.
3. State-owned enterprises that borrow or are guaranteed by the Vietnam Development Bank when implementing ownership transfer must notify the Vietnam Development Bank in writing to settle credit investment and export credit loans according to the law.
Chapter VII
REPORTING, INSPECTION, AUDIT AND VIOLATION HANDLING
Article 51. Inspection, Examination, Reporting
1. All credit activities for investment and export credit as prescribed in this Decree shall be subject to inspection and examination by state agencies with competent authority in accordance with the provisions of the law.
2. The inspection and examination may be carried out at each stage or throughout all stages of the investment construction, production, business operation, and loan repayment process.
3. Heads of Ministries, ministerial-level agencies, agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government shall implement supervision over the implementation of the State’s investment credit policy and export credit within their respective management scope.
4. Quarterly or at any time, the Vietnam Development Bank shall compile and report to the Prime Minister on the implementation of investment credit and export credit, while sending copies to the Ministry of Finance, the Ministry of Planning and Investment, the State Bank of Vietnam, and the General Statistics Office.
Article 52. Handling Violations
1. Organizations and individuals borrowing funds, receiving guarantees, and post-investment support, if they violate the provisions of this Decree and cause damage to assets or capital, shall be required to compensate and be dealt with according to the provisions of the law.
2. The Vietnam Development Bank shall bear responsibility before the law for implementing the State’s investment credit policy and export credit; all acts violating the provisions of this Decree shall be handled according to the provisions of the law.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 53. Effective Date
This Decree shall take effect fifteen days from the date of publication in the Official Gazette. The Government Decree No. 106/2004/NĐ-CP dated April 1, 2004 on State investment development credit, Decision No. 133/2001/QĐ-TTg dated September 10, 2001 on the issuance of the Export Credit Support Regulation, and other relevant regulations concerning State investment credit and export credit are hereby repealed. of the Prime Minister regarding the issuance of the Export Support Credit Regulation and other relevant regulations concerning state investment credit and export credit.
Article 54. Cases Where Contracts Have Been Signed
1. For projects that have signed loan contracts for investment credit, investment guarantee loans, and post-investment interest rate support with the Vietnam Development Bank (formerly the Development Support Fund) prior to the effective date of this Decree, the implementation shall continue in accordance with the commitments recorded in the signed contracts.
2. Loan contracts for export credit, export guarantee loans, bid guarantee, and performance guarantee contracts signed with the Vietnam Development Bank (formerly the Development Support Fund) prior to the effective date of this Decree shall continue to be implemented in accordance with the commitments recorded in the signed contracts.
Article 55. Responsibility for Guidance on Implementation
The Ministry of Finance, the State Bank of Vietnam, and related ministries and sectors shall provide guidance on the implementation of this Decree based on their functions and authorities.
Article 56. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, Chairpersons of the Management Board, and General Directors of the Vietnam Development Bank are responsible for enforcing this Decree./.
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