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 dated June 30, 2018, on the on-lending of ODA loans and foreign concessional loans of the Government, which was amended and supplemented under the Government's Decree No. 79/2021/ND-CP dated August 16, 2021

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

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

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

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

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

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

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 97/2018/ND-CP dated June 30, 2018, on the on-lending of ODA loans and foreign concessional loans of the Government, which was amended and supplemented under the Government's Decree No. 79/2021/ND-CP dated August 16, 2021.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 97/2018/ND-CP dated June 30, 2018, on the on-lending of ODA loans and foreign concessional loans of the Government, which was amended and supplemented under Decree No. 79/2021/ND-CP dated August 16, 2021:

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

“Public non-business units that are public science and technology organizations, public higher education institutions having investment projects in science, technology, innovation, and digital transformation activities falling within the scope of the Political Bureau's Resolution No. 57-NQ/TW dated December 22, 2024, and the Law on Science, Technology and Innovation, and are self-financing for recurrent expenditures and investment expenditures in accordance with the law on public debt management, shall be subject to an on-lending rate of 10% of ODA loans and preferential 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 received by project management boards under ministries then to be transferred to provincial-level People’s Committees;

c) Foreign loans of the Government to be on-lent by public non-business units that are public science and technology organizations, public higher education institutions, under Point d, Clause 2, Article 21 of this Decree, where such units are unable to provide loan security with assets in accordance with the law. In this case, the Ministry of Finance shall, based on the proposal of the managing agency regarding the inability to provide loan security with assets in accordance with the law and the appraisal opinions of the authorized on-lending agency, report to the Prime Minister for consideration and decision on the on-lending and the waiver of collaterals in accordance with Article 26 of this Decree. The managing agency shall bear full responsibility before the law for the results of the review of the inability to provide loan security with assets in accordance with the law”.

Article 2. Effect

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

2. Programs and projects of which the on-lending rate has been approved by the competent authority before the effective date of this Decree, shall continue to be applied as approved by the competent authority.

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./.