DECREE

Modify, add some of the provisions of the Digital Protocol 138 /2007/NĐ-CP August 28, 2007

about the organization and operation of the local development investment fund

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Government Law Base December 25, 2001;

The Committee of the Human Rights Council and the People's Committee on November 26, 2003;

The State Budget Law Base December 16, 2002;

Corporate Law Base November 29, 2005;

The Law School of Credit: June 16, 2010;

At the request of the Minister of Finance;

The government issued the revised decree, adding some of the provisions of the Protocol. 138 /2007/NĐ-CP August 28, 2007 on the organization and operation of the Local Development Investment Fund (later known as the Digital Protocol). 138 /2007/NĐ-CP),

What? 1. Modified, add some of the provisions of the Digital Protocol 138 /2007/NĐ-CP as follows:

1. Modified Article 5 as follows:

" Article 5. The responsibility of the state governing bodies

1. Finance Ministry Accountability

a) The Chair, in collaboration with the ministries, the Government industry enacted a policy of organizational policy and operations of the Local Development Investment Fund;

b) The foundation of the organization and operation charter of the Local Development Investment Fund;

c) The implementation of the accounting regime, the financial management mechanism, the report mode for the Local Development Investment Fund.

2. Vietnam State Bank Responsibility

a) Perform the state management function on currency, banking activities that are related to the loan operation of the local Development Investment Fund;

b) Coordinated with the Ministry of Finance to build policy, track, assess the implementation of the loan implementation, investment of the Local Development Investment Fund.

3. The responsibility of the Provincial People ' s Council

a) Appropriation of the creation of the Local Development Investment Fund;

b) Appropriation of the degree, supplemalization of the charter capital for the Local Development Investment Fund from the provincial budget source on the proposed basis of the Provincial People ' s Commission;

c) Consider whether to accept the portfolio of investment areas of economic infrastructure-the society prioritits the development of the locality by regulation at Clause 2 and paragraph 4 Article 1 This decree;

d) Perform other tasks by law.

4. The responsibility of the Provincial People ' s Commission

a) Build a project to establish the Local Development Fund Local Development Investment Fund passed by regulation at Decree No. 1. 138 /2007/NĐ-CP And this decree;

b) The decision to establish the Local Development Investment Fund after the creation of the Development Investment Fund was approved by the Provincial People's Council;

c) The Provincial People's Assembly approved the granting of the granting, supplemalization of the provisions for the Local Development Investment Fund; the source layout for granting, the provision of the charter capital to the local Development Investment Fund under the method was approved by the People ' s Council. Browse.

d) Appropriing the operating charter of the Local Development Investment Fund or approve the revised charter, additional on the basis of the recommendation of the Chair of the Locally Developed Investment Fund Management Council;

) Approx organization of the Local Development Fund's apparatus on the basis of the recommendation of the Chairman of the Local Development Fund Management Board;

e) The catalog of the investment fields of economic infrastructure-the society prioritise the development of the locality by regulation at Clause 2 and Clause 4 Article 1 of this decree;

g) Decide the minimum loan interest rate of the local Development Investment Fund in each period by regulation at paragraph 5 Article 1 This decree;

h) The decision to approve investment for a project has an investment of over 10% of the equity of the Local Development Investment Fund;

i) The decision to approve the loan with a project that has a loan of over 15% of the equity of the Local Development Investment Fund or a loan period of more than 15 years;

l) The decision to approve the capital contribution to a business that has a capital of over 10% of the equity of the Local Development Investment Fund;

l) Decided the number of board members to manage the local development investment fund;

m) Management, inspection, comprehensive monitoring of the operational and financial situation of the Local Development Investment Fund;

n) Perform other tasks by law.

2. Modified, add Article 6 as follows:

" Article 6. Direct investment object

1. The direct investment subject is the investment projects of the portfolio of economic infrastructure-social infrastructure development-the local development of the local population has been issued by the Provincial People's Committee on Article 2 of Article 2.

2. Based on the local economic-economic development strategy and the investment sector that combines economic-social infrastructure in Annex I issued with this decree, every year or during the period, the Provincial People ' s Committee issued a portfolio of economic and economic development. The areas of investment in economic infrastructure-the society priorititiate the local development after the approval of the Council of the Provincial People's Council.

3. Base on the portfolio of investment areas of economic infrastructure-socially priorititiated local development at Clause 2 This, the Local Development Investment Fund chooses, appraisal and decides to invest directly on specific projects if meeting with the local government. conduct of regulatory investment conditions at the Digital Protocol 138 /2007/NĐ-CP "And this decree".

3. Modified, add Point a 1 Article 9 as follows:

" a) Investment in the forms of business cooperation contract (BCC), construction contract-business-transfer (BOT), construction contract-transfer-business (BTO), construction contract-transfer (BT) and other forms of direct investment in accordance with the rule of the Company. The law of investment law. "

4. Modified, add Article 11 as follows:

" Article 11. Loan object

1. The loan object is that the investment projects of the portfolio of economic infrastructure-social infrastructure-prioritirated society have been issued by the Provincial People's Committee under the provisions of Article 2 of this.

2. Based on the local economic-economic development strategy and the investment sector that combines economic-social infrastructure in Annex I issued with this Decree, every year or during the period, the Provincial People ' s Committee issued the Department of Dignity. The areas of investment in the areas of investment in economic growth-the society prioritits the development of the local community after the approval of the Council of the Provincial People's Council.

3. Base on the portfolio of investment areas of economic infrastructure-the local development priority society at Clause 2 This, the Local Development Investment Fund selects, appraisal and decides to lend specific projects if it meets the conditions of the economy. The specified loan at the Digital Decree 138 /2007/NĐ-CP "And this decree".

5. Modified, add Article 15 as follows:

" Article 15. Loan interest

1. The local development investment fund 's lending rate is determined by the principle of no less than the average mobiling interest rate of the operational capital, ensuring the cost of management fees, other costs associated with the fund' s lending operation, and the investment fund. local development and conservation, equity development.

2. Every year or during the period, the principle base determines the rate of interest in paragraph 1 This Article, the Director General, Director of the Investment Fund for Local Development, the Board of Directors of the Foundation approx and reports the Provincial People's Committee to decide. intended to enact a minimum loan interest rate of the Local Development Investment Fund.

3. The local development investment fund determines the loan interest rate for each specific project, but is not below the minimum lending rate due to the provincial-level decision-making committee in Article 2 of this.

4. Case of the Provincial People 's Commission decided to lend an investment project to develop an economic-social infrastructure-based process at this decree at a lower interest rate than the specified minimum loan rate at Clause 2 This, the Provincial People' s Commission said. is responsible for granting the difference between the minimum loan interest rate of the local development investment fund and the interest rate designation for that project.

5. The case of the Provincial People ' s Commission decides the program to support the post-investment interest rate on a particular project must ensure the following conditions:

a) The subject of receiving interest in the post-investment interest is the owner of the investment in the portfolio of the investment sectors of the economic infrastructure-the society prioritits the local development in accordance with the provisions at Clause 2 and Clause 4 Article 1 of this decree.

b) The Provincial People's Committee issued a decision to support the post-investment interest rate on each specific project, which must be specified: The subject is receiving support; the method, timing and level of interest support after investment; the mandate, the powers of the Development Investment Fund. The local development in the project appraisal and the solution supports the post-investment interest; the obligation, the responsibility of the object receiving support and that of other stakeholders.

c) The Provincial People's Committee has full responsibility for the full portfolio of interest in the following investment for the local Development Investment Fund as prescribed at this point b, ensuring that it does not affect the operating capital of the local development investment fund.

6. For the project to use the support funding of international donors with the regulation of other lending rates with the regulation of this Agreement, the implementation of the regulations at the agreement signed with the sponsor. "

6. Modified, add Article 17 as follows:

" Article 17. Capital Lending Regulations

1. The local development investment fund is made capitalization of capital loans or together capital with other local development funds, credit organizations and other organizations to lend a project.

2. The case of implementation of capital loans to the non-provincial project of the province, the city where the Fund for Local Development is operational, the lending of capital must satisfy the following conditions:

a) The project must belong to the portfolio of investment sectors of economic infrastructure-the society prioritits the development of the locality by regulation at Article 4 Article 1 of this decree;

b) The project has the nature of support for the development of the interregional social economy, including the locality where the Fund for Local Development operates;

c) Was established by the local People's Provincial Committee of the Local Development Investment Fund for capital loans outside the province, the city approved.

3. The lending of capital must form a contract with the conditions, the correct compliance clause in the Digital Protocol. 138 /2007/NĐ-CP And this decree.

4. The loan rate for capital loans provided by the local development funds for self-determination capital, is shown in the contract and must ensure no less than the minimum loan interest rate of each Fund by stipulation at the Article 5 Article 1 of this decree. "

7. Modified, add Article 21 as follows:

" Article 21. Capital form

The local development investment fund is funded by the creation of a holding company, the limited liability company under the provisions of the Corporate Law to implement direct investment activities into the works, project economic infrastructure projects-the society of the portfolio. Economic-infrastructure investment sectors-the society has been enacted by the Provincial People's Committee as stipulated at Article 2 of Article 1 of this decree ".

8. Fix 2 Article 23 as follows:

" 2. The local development investment fund is given a credit management trust of the credit guarantee fund for small and medium enterprises; housing development funds, land development funds, fund development assistance fund and other local financial funds led by the Commission on Human Services. The provincial population was established. The mandate for the Local Development Investment Fund is implemented in accordance with the provisions of the existing law. "

9. Modified, add Article 25 as follows:

" Article 25. Investment Limit

1. Limit the direct investment to the maximum projects by 50% of the equity of the Local Development Investment Fund at the time of execution.

2. Loan limit:

a) The loan limit for a project does not exceed 20% of the Fund's equity at the time of execution and does not exceed 80% of the total investment of the project. In the case of the local Development Investment Fund that performs simultaneously direct investment and lending to a project the total limit of direct investment and lending is not exceeding 30% of the Fund's equity at the time of execution.

b) The total loan balance for a customer of the Local Development Investment Fund is not exceeding 25% of the equity of the local Development Investment Fund.

3. Limit the investment capital that has established maximum economic institutions by 20% of the equity of the Local Development Investment Fund at the time of execution.

4. For the project to use the support capital of international donors with a regulation on loan limits, other direct investment with the regulation of this Agreement shall follow the regulations at the agreement signed with the sponsor. "

10. Modified, add 1 Article 26 as follows:

" 1. The equity of the Local Development Investment Fund includes:

a) The real charter capital: Is the amount of capital granted by the owner to the Local Development Investment Fund to operate under the regulation at the Digital Protocol 138 /2007/NĐ-CP And this decree;

b) Financial Reserve Fund, Development Investment Fund;

c) Other sources of equity by the regulation of the law. "

11. Modified, add Article 32 as follows:

" 32. The operational principle of the Local Development Investment Fund

1. The local development investment fund is the local state financial institution, which operates on a policy banking model, implementing the principle of financial autonomy, not for profit goals, conservation and capital development.

2. The local development investment fund is under limited liability within its equity range. "

12. Modified, add Article 36 as follows:

" Article 36. Component of the Local Development Fund Management Board

1. The governing council has a maximum of 05 (five) members, the de-provincial People's Committee of the Practical Condition deciding the number of members of the Fund Management Council in principle the number of members of the Fund Management Board must be the odd number.

2. Chairman, Vice President and other members of the Board of Directors appointed by the Chairman of the National Committee of the Provincial Committee, dismissal, dismissal.

3. Members of the Fund Management Board must have knowledge, financial experience, capital investment, corporate governance.

4. Component, structure, standard, quantity, operational tenure of the Board of Management is regulated at the Organizational Condition of the Organization and Operations of the Local Development Investment Fund. "

13. Fix 2 Article 38 as follows:

" 2. The Control Board has a maximum of 3 (three) members, which are entitled to be subordinate and other rights under the rule of law. "

14. Add to 4a Article 39 as follows:

" 4a. The hiring of labour; planning and appointment of the leadership of the local Development Investment Fund is implemented as stipulated at the Operational Charter of the Local Development Investment Fund. "

15. Modified paragraph 3 Article 40 as follows:

" 3. The wage mechanism, bonuses and corporate ranking of the local Development Investment Fund implemented by the regulation applicable to the LLC a member of the state owned by 100% equity. The ranking of the local development investment fund according to ranking standards for the financial company group ".

What? 2. The organization performs

1. Maximum in the second term (02) the year from the date of this Decree is in effect, the local development investment funds are in operation to rearrange the organization of the machine according to the regulation at this decree.

2. For loan projects, direct investment has been signed by the local Development Investment Fund for the loan, direct investment before the Agreement is enforced, and continues to follow the agreements signed by the loan limit, The investment in the Fourth Protocol. 138 /2007/NĐ-CP until the end of the contract. The revised case, which adds the level of the loan contract, the direct investment said above, the amendment, the addition must comply with the loan limit, direct investment stipulated at this decree.

3. For loan projects, direct investment after this decree takes effect, it must comply with the loan limit, direct investment under the regulation at the International Protocol of the United States. 138 /2007/NĐ-CP And this decree.

4. Capital mobiles, lending, direct investment and other activities according to the function of the local Development Investment Fund of the Financial Investment Company of Ho Chi Minh City implemented by regulation at Decree No. 1. 138 /2007/NĐ-CP And this decree.

What? 3. Effect and accountability

1. This decree has been in effect since 10 June 2013.

2. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this decree.