Decision No. 172/2002/QĐ-TTg amends the provisions on transferring ownership of fishing vessels and handling debts from preferential credit sources. The Chairmen of Provincial People's Committees direct the public auction of the vessel to transfer ownership, while allowing the new owner to pay the value of the vessel after the auction without paying the tax for transferring ownership rights. The former owner continues to accept the difference in debt if there is any.
适用范围
Vessel owners, banks, credit institutions, local authorities
要点
- Chairmen of Provincial People's Committees → direct the public auction of the vessel to transfer ownership from households with poor skills, ineffective production and business operations, frequently incurring losses, or where the vessel owner has died without a successor.
- New owner → repay the bank the amount equal to the value of the vessel after the public auction and not have to pay the tax for transferring ownership of the newly acquired asset. May be considered for a loan by banks or credit institutions to purchase the vessel.
- Former owner → continue to accept the difference in debt with the bank between the outstanding loan balance and the value of the vessel at the time of transfer. If unable to repay, follow the provisions at Point d Clause 1 Article 2.
🌐 本文件的社会影响
- Positive impact: Helps resolve the situation of debt from loans of inefficient vessel owners, promoting production and business activities in the fisheries sector.
- Negative impact: May cause difficulties for vessel owners who can repay their debts but do not want to sell their vessels, while increasing costs for banks and credit institutions.
❓ 常见问题
What must the former vessel owner do when transferring ownership?
The former vessel owner continues to accept the difference in debt with the bank between the outstanding loan balance and the value of the vessel at the time of transfer. If unable to repay, follow the provisions at Point d Clause 1 Article 2.
What must the new owner do to acquire ownership of the vessel?
The new owner must repay the bank the amount equal to the value of the vessel after the public auction and not have to pay the tax for transferring ownership of the newly acquired asset. May be considered for a loan by banks or credit institutions to purchase the vessel.
How is a vessel handled when the owner dies without a successor?
Chairmen of Provincial People's Committees direct the public auction of the vessel to implement the transfer of ownership in such cases.
How can banks and credit institutions provide loans to purchase vessels?
Loans may be provided according to current commercial lending regulations, but the new owner must repay the amount equal to the value of the vessel after the public auction.
What happens if the former owner cannot repay the difference in debt?
Allow implementation according to the provisions at Point d Clause 1 Article 2, but the specific content of this provision is not clearly stated in the document.
全文
DECISION OF THE PRIME MINISTER
Amending Clause 2 of Article 2 of Decision No. 144/2002/QĐ-TTg dated October 24, 2002 of the Government on certain measures to handle debts from loans for repairing, building new fishing vessels, and purchasing fishing gear from preferential credit sources pursuant to Decision No. 985/TTg
dated November 20, 1997 of the Government
Pursuant to Decision No. 985/TTg dated November 20, 1997 of the Government on measures to address the aftermath of Typhoon No. 5, restore and develop production in coastal provinces in the South and Central South regions;
Pursuant to Decision No. 144/2002/QĐ-TTg dated October 24, 2002 of the Government on certain measures to handle debts from loans for repairing, building new fishing vessels, and purchasing fishing gear from preferential credit sources pursuant to Decision No. 985/TTg dated November 20, 1997 of the Government;
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Considering the proposal of the Governor of the State Bank of Vietnam (Circular No. 1187/NHNN-TD dated November 1, 2002); opinions of the Ministry of Finance (Circular No. 12094/TC-TCNH dated November 11, 2002), the Ministry of Fisheries (Circular No. 2973/TS-NC dated November 7, 2002),
Amending Clause 2 of Article 2 of Decision No. 144/2002/QĐ-TTg dated October 24, 2002 of the Government on certain measures to handle debts from loans for repairing, building new fishing vessels, and purchasing fishing gear from preferential credit sources pursuant to Decision No. 985/TTg dated November 20, 1997 of the Government as follows:
Article 2:
DECISION:
Article 1. 2. On transferring ownership of fishing vessels and handling debt:
a) The Chairmen of People's Committees of the provinces shall direct relevant provincial agencies to cooperate with lending banks to examine and process public auctions of fishing vessels to facilitate the transfer of vessel ownership from old owners who have poor skills, low-efficiency operations, frequent losses, inability to repay bank loans, or whose owners have died without successors capable of operating the business.
b) New owners of the fishing vessels shall pay the bank the amount equivalent to the auction price of the vessel and shall not be required to pay taxes on the transfer of ownership of the newly acquired asset. New owners may be eligible for loans from banks or financial institutions to purchase vessels according to current commercial lending regulations.
c) Old owners shall continue to bear the debt difference between the outstanding loan balance and the auction price of the vessel when transferring ownership. If the old owner is unable to repay this debt, it shall be handled in accordance with the provisions at point d, Clause 1 of Article 2.
The Ministers of Finance, Planning and Investment, Fisheries; the Governor of the State Bank of Vietnam, and the Chairmen of People's Committees of the provinces: Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ba Ria-Vung Tau, Ho Chi Minh City, Tien Giang, Ben Tre, Tra Vinh, Soc Trang, Bac Lieu, Ca Mau, Kien Giang are responsible for implementing this Decision./.
c) The former ship owner shall continue to be liable for the debt to the bank for the shortfall between the outstanding loan balance and the value of the vessel at the time of conversion. In the event that the former ship owner is unable to pay this portion of the debt, the provisions set forth in point d, Clause 1, Article 2 shall apply.
Article 2. This Decision shall take effect from the date of signing.
Article 3. The Ministers of Finance, Planning and Investment, Fisheries; the Governor of the State Bank of Vietnam; and the Chairpersons of the People's Committees of the provinces and cities: Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ba Ria - Vung Tau, Ho Chi Minh City, Tien Giang, Ben Tre, Tra Vinh, Soc Trang, Bac Lieu, Ca Mau, Kien Giang are responsible for implementing this Decision./.
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