Circular 97/2008/tt-Btc: Guide The Implementation Of The Policy Of State Support For The Development Of Electricity In The Countryside, Mountains, Islands

Original Language Title: Thông tư 97/2008/TT-BTC: Hướng dẫn thực hiện chính sách hỗ trợ của Nhà nước đối với việc đầu tư phát triển điện ở nông thôn, miền núi, hải đảo

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CIRCULAR guide the policy of State support for the development of electricity in the countryside, mountains, Islands _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on power law of December 3, 2004; Decree No. 105/2004/ND-CP dated 17 August 2005 of the Government detailing and guiding the implementation of some articles of the law on electricity;
Pursuant to the law on investment of 29 November 2005; Decree No. 106/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on investment;
Pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 78/2002/ND-CP dated 10 October 2002 by the Government on credit for the poor and other policy objects;
Pursuant to Decree No. 151/2006/ND-CP on December 20, 2006 by the Government on credit investments and export credit of State;
Pursuant to Decree No. 106/2008/ND-CP dated 19 September 2008 by the Government about amending and supplementing a number of articles of Decree No. 151/2006/ND-CP on December 20, 2006 by the Government on credit investments and export credit of State;
After the opinion of the Ministry of industry and trade, the Ministry of Finance shall guide the implementation of the policy of State support for the development of electricity in the countryside, mountains, islands are as follows: i. GENERAL PROVISIONS 1. Scope this circular guides do power Law 61 of the State's support policies for the investment in power development in areas where the investment and operation of electricity with no economic efficiency; investment support wire from behind the counters of the electric power consumption to households where electricity usage for the households in the social policy area have particularly difficult circumstances in rural, mountainous island; in particular:-support of capital: capital assistance Grants.
-Loan interest assistance capital: investment lending; following investment support.
-Tax incentives 2. 2.1 application object. Enterprises, economic organizations to invest in power projects are socio-economic conditions difficult and particularly hard, including:-project power substations, power plants (excluding building investment projects of small hydropower plants, with a capacity of less than or equal to 50 MW in the socio-economic conditions are tough , project to build hydroelectric power greater than 50 MW, thermal power projects) and grid-independent electricity supply for rural areas not connected to the national grid.
-New investment projects, expanding and renovating the line has voltage 35KV, 22KV; the project to renovate the line electric voltage 6KV, 10KV, 15KV up 22KV transformer.
-The investment project the intermediate transformer has voltage not greater than 35 kV substations and distribution.
-The investment project the line low voltage axis 0, 2KV and 4KV export the route from 0, the lower pressure of the distribution substation to the pole at last into the hamlets and the slip roads to the counters of the electric power consumption of households.
-Investment projects in the electricity line from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area (including: poor households; Households there from 2 disabled persons weighing no self service capabilities) have exceptional circumstances are difficult level people's Committee confirmed on the basis of the Commission's proposal, the private township-level people's audience of poor households particularly difficult circumstances due to the people's Committee of social validation.
2.2. Household investments conductive lines from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area (including: poor households; Households there from 2 disabled persons weighing no self service capabilities) have exceptional circumstances are difficult level people's Committee confirmed on the basis of the Commission's proposal, the private township-level people's audience of poor households particularly difficult circumstances due to the people's Committee of social validation.
The provincial people's Committee based on the actual local situation stipulated criteria determine social policy households have particularly difficult circumstances for suitable as a base for the people's Committee at district level, review, validate the object to be entitled to preferential investment policies.
The project has enjoyed preferential investment policies from other support programs (get the loan from the program, the official development assistance from the international organization, from organizations and individuals in and outside the country, ...) not subject to application of this circular.
3. The conditions and guidelines 3.1 support conditions support the project entitled supporting investment policy under the guidance of this circular must ensure the following conditions: a) the project prescribed in clause 2 section I of this circular and lies in the power development plan is approved by the authority.
b) projects specified in point 2.1 clause 2 section I of this circular investment conditional on socio-economic hardship and especially hard is specified in Decree No. 106/2006/ND-CP on 22/9/2006 by Government detailing and guiding the implementation of some articles of the law on investment; Decision No. 30/2007/QD-TTg dated 5/3/2007 of the Prime Minister issued the list of administrative units, wards and towns the region difficult.
c) the investment specified in point 2.2 clause 2 section I of this circular for households in social policy has an exceptionally difficult due the district people's Committee, confirmed and Township in the rural, mountainous island.
3.2. principles of supporting a) A project specified in point 2.1 clause 2 section I of this circular, the owner only selected one of two forms of State investment credit: investment loans or support after the investment.
b) with respect to the investment of conductive lines from behind counters to the place of use the household's power in social policy has an exceptionally difficult due the district people's Committee, confirmed to be capital support from local budgets to estimate the approval authority in accordance with the law on the State budget. At the same time supported on loan interest rates as follows: for the project by enterprises, economic organizations invested are investment loans or support after the investment from Vietnam Development Bank. Cases due to poor households particularly difficult circumstances themselves are preferential credit loans (the difference between the total investment and capital investment was supported from the local budget) from the social policy Bank under the rules.
c) for supported projects of investment loan interest rates have to be Vietnam Development Bank, Bank for social policy evaluation of financial plans, loan repayment plans and loan approval.
d) Investor has supported projects on investment loan interest rates, investment support prescribed in this circular are used the investment loan, the following investment support, investment support for your purposes; with regard to investment projects must repay the principal and interest loans under the credit contract is signed; the full implementation of the commitments and the provisions of this circular.
DD) a project consisting of many component projects (investment projects before the counters of the following investment project; the counters, ...) then the owner must base on the scope, object, define the forms of credit investments, capital support for compliance with the conditions and principles for support referred to in points 3.1 and 3.2 paragraph 3 section I of this circular.
3.3. a support funds) Which made credit of Vietnam Development Bank and the Bank of social policy.
b) central budget: interest rate disparity compensation Level between interest rates for investment loans with interest rate of capital mobilization, management fee and interest compensation following support levels of investment for Development Bank of Vietnam social policy Bank, according to the prescribed regimes.
c): local bank guarantee in support of capital projects the way cable from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area have particularly difficult circumstances.
d) capital of other legal provisions of the law.
II. SPECIFIC PROVISIONS 1. Incentives of capital based on the annual credit plan to be approved by the authority for the power development project under the provisions of this circular, the Vietnam Development Bank performed lending capital, following investment support; Social policy bank credit system of incentives; The provincial people's Committee to support the investment from local budgets for the projects on the subject in paragraph 2 section I of this circular. Specifically the following: 1.1. Investment loan a) loan: loan a part of capital.
b) lending conditions:-subject to the provisions in paragraph 2 of section I and ensure the conditions, principles stated in clause 3.1, 3.2 paragraph section I of this circular.
-Make investment procedures as prescribed by law.
-The owner has legal personality according to the provisions of the law (Not to mention poor households particularly difficult circumstances subject to borrow from the Bank of social policy).
-Investor has the project, production and trading projects, ensuring repayment and Vietnam Development Bank, Bank for social policy evaluation of financial schemes, repayment plans and loan approval.
-The investor must ensure enough funding to implement the project and the specific financial terms of the venture capital investments in accordance with Vietnam Development Bank, Bank for social policy in addition to the part which is the loan.
-The owner must insure the loan according to the regulations of the Vietnam Development Bank, Bank for social policy.
c) capital Level, duration of loan, interest rate, repayment of loans and handle risks:-for loans from the Development Bank of Vietnam: follow the provisions of Decree No. 151/2006/ND-CP on December 20, 2006, the Government's Decree No. 105/2004/ND-CP dated 19/9/2008 of the Government and the guidance documents of the Ministry of finance.
-For loans from the Bank of social policy as follows: loan Level for a preferential credit loans modified by social policy Bank decided and announced on the basis of loan demand and the potential sources of capital can be raised in each period.

The loan period is prescribed based on the purpose of use of the loan borrower to the borrower's repayment ability due to the social policy Bank regulations.
Preferential loan interest rates by Prime decided for each period according to the recommendations of the social policy Bank for one level within the country. Interest overdue by 130% interest rate for the loan.
The borrowers are repaying both principal and interest (if any). The time limit for overdue debt transfer by the Bank of social policy provisions.
Risks are classified, review investment credit debt processing as specified in article 20, Decree No. 78/2002/ND-CP on 04/10/2002 the Government credit for the poor and other policy objects.
1.2. the following investment support a) following investment support: Vietnam Development Bank support level after the investment as a result of repayment of the investor.
b) following support conditions:-the project subject to the following investment support specified in point 2.1 clause 2 section I and sure enough, the principle stated in paragraph 3.1, 3.2 paragraph section I of this circular.
-Vietnam Development Bank due diligence, negotiated and signed the following investment support.
-Finished projects put into use; credit contracts with credit institutions and have made the original loans, interest paid under the credit contracts signed and certified by the credit institution for loans.
c) guidelines, the following investment support level: implementation as stipulated in Decree No. 151/2006/ND-CP on December 20, 2006, the Government's Decree No. 105/2004/ND-CP dated 19/9/2008 of the Government and the guidance documents of the Ministry of finance.
1.3. support capital a) objects to support capital investment projects, subject to the provisions in clause 2 section I and ensure the conditions, principles stated in clause 3.1, 3.2 paragraph section I of this circular.
Households in the social policy area have particularly difficult circumstances in rural, mountainous island are the people's committees at district level, confirmed as prescribed in clause 2 section I after the peace, democracy and public review investigation confirmed from the base.
b) conditions to support capital-the objects stated in 1.3 paragraph 1 point a of section II of this circular.
-Investment costs component of conductive lines from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area have particularly difficult circumstances in rural, mountainous, the island is are the people's committees of provincial level appraisal and decision support level of capital from local budget resources.
c) levels of support capital provincial people's Committee to base the actual situation and the ability of local budget specific decision support portion of capital investment level mains power from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area have particularly difficult circumstances in rural , mountains, Islands.
d) capital investment support from the local budget consists of:-investment capital under the program objectives are supplemented from the central budget to local budgets.
-Investment capital balanced layout in the local budget according to the provisions of the law on the State budget.
-Capital Source from contributions made by individual organizations in localities under the provisions of the law.
2. tax incentives to enterprises, economic organizations, households invested the power development projects in rural, mountainous areas, islands subject to the provisions in clause 2 section I of this circular are entitled to the preferential policy of tax under the provisions of the law.
III. Records, ORDER And SUPPORT Of CAPITAL INCENTIVES 1. Preferential support profile of capital 1.1. Recommended profile for investment the investor has the object in the project and ensure the conditions specified in this circular apply to suggest investment in accordance to the Vietnam Development Bank, Bank for social policy to assess, review and decide the level of lending.
a) for loans from the Development Bank of Vietnam: perform as specified in circular No. 69/2007/TT-BTC dated 25/6/2007 of the Ministry of Finance shall guide a number of articles of Decree No. 151/2006/ND-CP on December 20, 2006 by the Government and the guidance documents made the Decree No. 106/2008/ND-CP dated 19/9/2008 of the Government;
b) for loans from the Bank of social policy: follow the instructions of the Bank of social policy.
1.2. The records suggest the following investment support: follow the provisions in circular No. 69/2007/TT-BTC dated 25/6/2007 of the Ministry of Finance shall guide a number of articles of Decree No. 151/2006/ND-CP on December 20, 2006 by the Government and the guidance documents made the Decree No. 106/2008/ND-CP dated 19/9/2008 Government's 1.3. Suggested support profile private capital a) the text of the proposal owner supported the investment of conductive lines from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area have particularly difficult circumstances in rural , mountains, Islands.
b) records, documents relating to the legal capacity of the owner; list of families in the social policy area particularly hard supported capital signed by each household and confirmation of the communes, wards, town of residence.
c) documents and records related to the investment in power lines from behind the counters of the electric power consumption to households where the use of the household in the social policy area have particularly difficult circumstances in rural, mountainous island.
d) other relevant documents under the provisions of the provincial people's Committee to support the investment.
The aforementioned document, records are sent to the provincial people's Committee to assess, review and support investment decisions.
Within 30 working days from the date of Vietnam Development Bank, the Bank of social policy (for the suggested project is supported or investment after investment), the provincial people's Committee (for the suggested project is investment support) get enough valid profile , the Agency must reply text client (accept or not accept the attached reasons) investment support for the project as specified.
2. The order of payment, settlement 2.1. The order of payment, settlement for investment projects and support after the investment.
-Order and payment: the payment process for those loans for investment projects, the following investment support under the guidance of the Vietnam Development Bank, Bank for social policy.
-The payment for the investment project, the following investment support implementation as specified in circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of Finance shall guide the finalization of projects completed in the State capital; Circular No. 98/2007/TT-BTC dated 9/8/2007 of the Ministry of finance about the amendment, adding a score of circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance.
2.2. payment order, payment for the project is to support capital investment from the local budget.
The payment, settlement for those projects are capital support from the local budget according to the provisions of the law on the State budget and the writing guide. After the decision of the provincial people's Committee on investment support for the project, the investor sends the records prescribed in point 1.3 paragraph 1 Item III of this circular to financial institutions, the State Treasury where the investor make investments (attached to decision support for investment projects of the provincial people's Committee) to do the procedure settlement of payments, in accordance with circular No. 27/2007/TT-BTC dated 3/4/2007 of the Ministry of finance guidelines on management, payment of capital and capital investment nature of careers in the State budget; Circular No. 130/2007/TT-BTC on 02/11/2007 of the Ministry of Finance on revising, supplementing a number of circular No. 27/2007/TT-BTC dated 3/4/2007 of the Ministry of finance; Circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of Finance shall guide the finalization of projects completed in the State capital; Circular No. 98/2007/TT-BTC dated 9/8/2007 of the Ministry of finance about the amendment, adding a score of circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance.
IV. ESTIMATING, Reporting, Inspection, Test 1. The people's committees of provinces and cities under central are responsible for: 1.1. Directs the Department of finance, Department of planning and investment in coordination with Vietnam Development Bank branch, the Bank of social policy in the region and relevant agencies to identify funding needs in the local budget duties as prescribed in this circular and balance proactive , using local budgets and the financial resources to other legal process of approval authority to perform the support level for capital road projects power conductors from behind the counters of the electric power consumption to households where electricity usage of the household in the social policy area have particularly difficult circumstances in rural mountainous island province, according to the provisions of the law on the State budget.
1.2. Directs and regularly check the industry departments and committees subordinate to the good implementation of power projects; manage, use, funding the project goals, policies, in collaboration with the regime, the Agency examined the use of capital assistance, loans and urging debt collection. The Steering Committee, as the people's Committee in collaboration with social organizations and social-political evaluation of the average household's review in the social policy area have particularly difficult circumstances are loans, capital support, ensuring democracy, publicly supported the State's policy on the mass media in town , Hamlet; listed on the town Committee under the rules.
1.3. After 15 days late in the second quarter, the fourth quarter every year report the Ministry of finance, the Ministry of industry and trade, Ministry of planning and investment in implementation investment in power projects in rural, mountainous areas, Islands to the synthesis report of the Prime Minister.
2. for investment 2.1. After 15 days on end, the owner is responsible for reporting the implementation of the investment, payment of capital investment supported projects to support decisions about capital investment, planning and financial agencies to manage monitoring (annex 1 attached).

2.2. The end of the year, the investor reporting made in capital and capital investment loans report supported investment, or capital support is granted for the project, estimated from when it was time to support the report, sent to investment support agency (Vietnam Development Bank branch Social policy Bank, locally), the local Treasury and financial institutions where the investor make investments on 15 February the following year (Appendix 2 attached) 3. For the State Treasury to end the year, the State Treasury where the investor make investments confirm the payment amount during the year, the estimated amount of capital when support payments from to the end of an annual budget for each project by the investor.
4. for the Development Bank of Vietnam and the social policy Bank, Bank Vietnam social policy Bank, is responsible for planning and investment needs, the following investment support from the State's credit source sent the Ministry of planning and investment To sum up, the Finance Ministry reported the Government, the National Assembly decided in accordance with the law on the State budget.
At the latest on 31 March the following year, Vietnam Development Bank, social policy Bank responsible for pooling of investment lending situation, support after the previous year's investment for power development projects specified in this circular reports the Ministry of finance, the Ministry of industry and trade, Ministry of planning and investment , State Bank of Vietnam.
V. IMPLEMENTATION of this circular effect after 15 days from the Post Gazette. In the process if there are obstacles to suggest reflection on the Industry and the Ministry of finance to review and modify, complement accordingly./.