Circular No. 30/2018/TT-BTC dated March 28, 2018 of the Ministry of Finance on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 75/2017/TT-BTC of July 21, 2017, amending and supplementing a number of articles of Circular No. 55/2016/TT-BTC of March 23, 2016, providing a number of contents on financial management of investment projects in the form of public-private partnership and investor selection expenses

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Circular No. 30/2018/TT-BTC dated March 28, 2018 of the Ministry of Finance on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 75/2017/TT-BTC of July 21, 2017, amending and supplementing a number of articles of Circular No. 55/2016/TT-BTC of March 23, 2016, providing a number of contents on financial management of investment projects in the form of public-private partnership and investor selection expenses
Issuing body: Ministry of FinanceEffective date:
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Official number:30/2018/TT-BTCSigner:Huynh Quang Hai
Type:CircularExpiry date:
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Issuing date:28/03/2018Effect status:
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Fields:Finance - Banking , Investment

SUMMARY

Regulations on loan’s interest in the form of public-private partnership

On March 28, 2018, the Ministry of Finance issues the Circular No. 30/2018/TT-BTC on amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 75/2017/TT-BTC on financial management of investment projects in the form of public-private partnership and investor selection expenses.

Accordingly, If the investor is appointed without bidding, the loan capital interest rate shall be determined via negotiation or agreement between the competent State agency and the appointed investor. The interest rate referred for carrying out the negotiation or agreement must not abide by the following principles:

-  The interest rate shall not exceed the average interest rates on medium-term and long-term loans of 04 state commercial banks at the time of contract negotiation.

This Circular prescribes that for projects having project contracts signed before May 12, 2018 and subject to adjustment under regulations. Competent state agencies shall review and decide the application of provisions of this Circular, ensuring the efficiency of projects and being compliant with current regulations.

This Circular takes effect on May 12, 2018.
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THE MINISTRY OF FINANCE
_________________

No. 30/2018/TT-BTC

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
_____________________________

Hanoi, March 28 , 2018

CIRCULAR

Amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 75/2017/TT-BTC of July 21, 2017, amending and supplementing a number of articles of Circular No. 55/2016/TT-BTC of March 23, 2016, providing a number of contents on financial management of investment projects in the form of public-private partnership and investor selection expenses ([1])

Pursuant to the December 9, 2013 Bidding Law;

Pursuant to the June 18, 2014 Law on Public Investment;

Pursuant to the June 18, 2014 Law on Construction;

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the Government’s Decree No. 163/2016/ND-CP of December 21, 2016, detailing and guiding the implementation of Law No. 83/2015/QH13 on State Budget;

Pursuant to the Government’s Decree No. 15/2015/ND-CP of February 14, 2015, on investment in the form of public-private partnership;

Pursuant to the Government’s Decree No. 30/2015/ND-CP of March 17, 2015, detailing a number of articles of the Bidding Law regarding investor selection;

Pursuant to the Government’s Decree No. 32/2015/ND-CP of March 25, 2015, on management of project expenses;

Pursuant to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;

Pursuant to the Government’s Decree No. 77/2015/ND-CP of September 10, 2015, on medium-term and annual public investment plans;

Pursuant to the Government’s Decree No. 42/2017/ND-CP of April 5, 2017, amending and supplementing a number of articles of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Investment Department;

The Minister of Finance promulgates the Circular amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 75/2017/TT-BTC of July 21, 2017, amending and supplementing a number of articles of Circular No. 55/2016/TT-BTC of March 23, 2016, providing a number of contents on financial management of investment projects in the form of public-private partnership and investor selection expenses (hereafter referred to as Circular No. 75/2017/TT-BTC).

Article 1. To amend and supplement a number of articles of Circular No. 75/2017/TT-BTC as follows:

1. To annul the third em rule of Point b, Clause 3, Article 17 of Circular No. 55/2016/TT-BTC, which is amended and supplemented in Article 1 of Circular No. 75/2017/TT-BTC.

2. To amend Clause 1, Article 2 as follows:

a/ Projects having project contracts already signed before the effective date of this Circular may be implemented under these contracts, except regulations under Point b, Clause 2 of this Article.

b/ For projects having project contracts signed before the effective date of this Circular and subject to adjustment under regulations, such project contracts shall comply with Article 1 of Circular No. 75/2017/TT-BTC, which is amended in Clause 1 of this Article. Competent state agencies shall review and decide the application of provisions of this Circular, ensuring  the efficiency of projects and being compliant with current regulations.

Article 2. Effect

This Circular takes effect on May 12, 2018.

Article 3. Organization of implementation

Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for study and submission to competent authorities for settlement.-

For the Minister of Finance

Deputy Minister
Huynh Quang Hai

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