Decree 317/2025/ND-CP amending Decree 97/2018/ND-CP on on-lending of ODA and foreign concessional loans

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 97/2018/ND-CP of June 30, 2018, on the on-lending of the Government’s official development assistance loans and foreign concessional loans, which has a number of articles amended and supplemented by Decree No. 79/2021/ND-CP of August 16, 2021^[1]

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 83/2015/QH13 on the State Budget; and Law No. 89/2025/QH15 on the State Budget;

Pursuant to Law No. 58/2024/QH15 on Public Investment;

Pursuant to Law No. 90/2025/QH15 Amending and Supplementing a Number of Articles of the Bidding Law, the Law on Investment in the Form of Public-Private Partnership, the Customs Law, the Law on Value-Added Tax, the Law on Import Duty and Export Duty, the Law on Investment, the Law on Public Investment, and the Law on Management and Use of Public Assets;

Pursuant to Law No. 93/2025/QH15 on Science, Technology and Innovation;

Pursuant to Law No. 20/2017/QH14 on Public Debt Management;

At the proposal of the Minister of Finance,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 97/2018/ND-CP of June 30, 2018, on the on-lending of the Government’s official development assistance loans and foreign concessional loans, which has a number of articles amended and supplemented by Decree No. 79/2021/ND-CP of August 16, 2021.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 97/2018/ND-CP of June 30, 2018, on the on-lending of the Government’s official development assistance (ODA) loans and foreign concessional loans, which has a number of articles amended and supplemented by  Decree No. 79/2021/ND-CP of August 16, 2021:

1. To add Point d to Clause 2, Article 21 as follows:

“For public non-business units that are public science and technology units or public higher education institutions with investment projects in science, technology, innovation and digital transformation activities regulated by the Political Bureau’s Resolution No. 57-NQ/TW of December 22, 2024, and the Law on Science, Technology and Innovation, and self-cover recurrent expenditures and investment expenses as prescribed by the law on public debt management, the on-lending rate is 10% of ODA loans or concessional loans used for investment projects”.

2. To amend and supplement Clause 4, Article 16 as follows:

“4. Security is not required for:

a/ Loans to be on-lent to provincial-level People’s Committees;

b/ Loans acknowledged by project management units as debts under ministries then transferred to provincial-level People’s Committees;

c/ The Government’s foreign loans on-lent to public non-business units that are public science and technology units or public higher education institutions under Point d, Clause 2, Article 21 of this Decree, and are unable to secure the loans with assets as prescribed by law.

In this case, based on the managing agency’s proposal stating that it is unable to secure the loans with assets as prescribed by law, and based on the appraisal opinions of the authorized on-lending agency, the Ministry of Finance shall report to the Prime Minister for consideration and decision the on-lending of loans without requiring collateral as prescribed in Article 26 of this Decree. The managing agency shall be held fully responsible before law for the results of the review showing that it is unable to secure the loans with assets as prescribed by law.”

Article 2. Effect

1. This Decree takes effect on the date of its signing.

2. Programs and projects for which the on-lending rates have been approved by competent authorities before the effective date of this Decree may continue to be implemented under such approvals.

Article 3. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related enterprises, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
BUI THANH SON