Ms. Nguyen Thanh Phuong's enterprise (Ba Ria - Vung Tau) is accessing state-owned investment credit loans from the Bank for Development of Vietnam. Sending a question to the Government Information Portal, Ms. Phuong asked whether her enterprise borrowed state credit capital to implement the project and whether it had to manage the project using foreign public investment capital or not?
Regarding this issue, the Ministry of Finance has responded to the management of projects using State investment credit capital, clarifying whether this capital source must be adjusted by the Law on Public Investment or not.
According to the provisions of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises 2014 (amended and supplemented in 2018) and the Law on Practicing Thrift and Combating Wastefulness 2013 (amended and supplemented in 2017 and 2018), State investment credit capital belongs to state capital but is not public investment capital.
The difference between State investment credit capital and public investment capital
The State's investment credit capital is a loan from the Bank for Development of Vietnam (VDB) or other capital sources credited by the State to support businesses in developing production and business.
Public investment capital is the state budget capital spent on public investment projects according to the provisions of the Law on Public Investment 2024.
What should businesses borrowing investment credit from the State pay attention to?
The Ministry of Finance affirmed that projects using State investment credit capital are not under the management scope according to the Law on Public Investment, but are adjusted according to regulations on state capital management at enterprises. Therefore, enterprises need to comply with the provisions of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and related legal documents.
Summary of important regulations
Projects using State investment credit capital do not have to comply with regulations on public investment capital.
The management and use of capital is implemented in accordance with the Law on Management and Use of State Capital in Enterprises.
Enterprises need to ensure compliance with legal regulations to use capital effectively, avoiding waste.
With the above explanations, businesses can confidently access State investment credit without having to apply the same binding procedures as with public investment capital.
