With respect to rooftop projects, projects must be implemented using net-metering with two-way electricity meters. In a trading cycle, if the amount of electricity generated from rooftop projects is greater than the consumed amount, the surplus will be carried forward to the next trading cycle. Every year, the MOIT will announce prices for electricity produced by rooftop solar power for the following year based on the exchange rate on the last day of the year.
Therefore, the price provided by Decision 11 is significantly higher. In addition, Decision 11 also states that the MOIT will provide a template for power purchasing agreements. Those agreements will be limited to twenty years, but could be extended. Decision 11 also encourages the development of solar power projects by providing attractive incentives.
Those incentives are related to: However, most of these incentives are too general and should be clarified. This lack of clarity can be seen when examining each incentive individually. First, regarding capital mobilization, Decision 11 merely states that organizations and individuals involved in the development of solar power projects may raise domestic and foreign capital to carry out solar power projects in accordance with effective law. Second, regarding import duties, Decision 11 provides that with respect to goods imported as fixed assets, solar power projects are exempted from import duties.
Besides that, with respect to other materials, components, and semi-finished products that cannot be manufactured domestically, the import duty incentives for solar power projects must be determined in accordance with the present provisions in the Law on Import and Export Duties. Third, regarding CIT, Decision 11 provides that the CIT exemptions and reductions granted to solar power projects shall be the same as those granted to projects eligible for investment incentives in accordance with effective regulations.
Fourth, regarding land incentives, grid-connected solar power projects, transmission lines, and substations shall be eligible for exemptions from, or reductions on, land levies, land rents, and water surface rents. Provision of compensation and site clearance shall be carried out in accordance with effective land regulations. In addition, Decision 11 produces a conflict in the use of terms used by previous laws and regulations dealing with investment incentives. Thus, Decision 11 may limit the chances for solar energy projects to benefit from the incentives applied to business lines eligible for special investment incentives.
The MOIT has drafted a circular related to the development of solar power projects. However, the draft circular does not clarify the incentives, including investment incentives. Decision 11 is an innovative move by the Vietnamese Government to help it meet its international obligations under the United Nations Climate Change Conference. However, while Decision 11 is a big step in the right direction, some of its important provisions, especially regarding investment incentives, need to be further clarified or even modified in order to remove any sources of confusion or disincentives.
Otherwise, Decision 11 might only be a symbolic gesture without real effect. Process flowchart for the implementation of a solar power project.
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Following the issuance of Civil Code , banking regulations have been amended substantially in early Among these amendments, two are crucially important for bringing about improved conditions for credit institutions and their clients: These new regulations, together with the Civil Code , will affect the practice of credit activities and can hopefully address existing issues. Prior to Circular 39, Decision recognized numerous individuals and groups as customers that had the legal capacity to borrow capital from credit institutions.
Those individuals and groups included: Accordingly, households, cooperative groups, and other non-juridical subjects are no longer eligible to borrow from banks. Hierarchy of legal applications in credit activities. Before the enactment of Circular 39, there were eight different legal instruments that simultaneously governed credit activities, creating difficulties for credit applications.
Circular 39 has corrected this problem by prescribing the hierarchy of legal applications in credit activities 2. Specifically, credit activities must comply with the Law on Credit Institutions, Circular 39, and other relevant legislation. If particular documents of the Vietnamese Government, the Prime Minister, and the State Bank of Vietnam prescribe the application of Circular 39 or contents relating to lending operations that are not prescribed in particular documents, Circular 39 still applies.
However, if the Government, Prime Minister, and the State Bank of Vietnam issue documents for specific lending operations, those documents will prevail. This provision clears up the issue of ambiguity in previous instruments. Taking into account Articles and of the Civil Code , as well as the Law on Credit institutions , Circular 39 provides that credit institutions and their clients shall agree on loan interest rates based on several factors. One factor is supply and demand in the capital market.
Another factor is the demand for loans. The third factor is the creditworthiness of clients. However, the ceiling interest rate regulation is only applied to short-term VND loans for priority fields. Where a debt has become delinquent, the client must pay interest on the outstanding amount of principal which is overdue. Circular 39 makes efforts to include three additional types of loans that credit institutions recommended. These three loans are for crop season intervals, revolving loans, and rollover loans 4.
Circular 39 is the second legal document after Decree No. Revolving loans and rollover loans are common in other markets, and have been utilized frequently by foreign bank branches in Vietnam to satisfy the demand of enterprises with relatively low capital turnover for working capital. With respect to the security of the loan, the Civil Code introduced two new measures of security for performance of civil obligations: The Civil Code already recognized these measures, but not as means of security.
A lien on property is a security measure established by the law, under which the obligee in possession of assets, which are the subject of a bilateral contract, is entitled to retain the assets if the obligor fails to perform its obligations 6. Title retention is a security measure established through written agreements. In a sales contract, it allows the seller to retain ownership of property until the buyer pays the purchase price in full 7.
More importantly, title retention is not only effective between the contracting parties, but also against third parties. The new approach of the Civil Code better reflects the nature of these measures in accordance with international practice, and offers greater flexibility when choosing measures of security.
Circular 39 also imposes other rules for credit activities. For example, the calculation of the loan term has been modified. Previously, it started on the date on which the client began to receive the loan funds. It ended on the date on which the principal and interest were repaid in full as agreed in the credit contract between the credit institution and the client. Now, under Circular 39, the term begins on the day following the day when a credit institution begins to disburse the borrowed funds to a client.mupilbepuge.ml/wicked-games.php
It ends on the day when the client has to repay the principal and interest amounts in full as agreed. If a loan term is not a full day, the provision enshrined in the Civil Code on the date of commencement of a term is applied 8. With regard to fees, Circular 39 maintains most of the fee regulations related to lending activities. However, it adds a fee paid for a commitment to withdraw the borrowed funds 9. This fee is in line with international practice, and allows credit institutions to avoid situations where the client refuses to withdraw the funds provided by the credit institutions under the loan agreement.
Resolution 42 is expected to create legal certainty and resolve the inadequacies of the former regulations regarding the process of handling bad debts. Some notable components of Resolution 42 are the inclusion of a new method for handling bad debts and new approaches for dealing with collateral composed of land use rights, as well as assets attached to land, land formed in the future, and real estate projects.
The fact that Civil Code does not mention the seizing of collateral raised concerns for credit institutions, before Resolution 42 was released, that the drafters intentionally abandoned this method for handling collateral.
Resolution 42 lists several conditions for seizing collateral, specifically: There are problems, however. The mortgagor can accomplish that simply by engaging in actions which put the collateral in dispute within fifteen days of the publication of information regarding the seizure. Another problem under this rule is that only credit institutions, organizations, and companies that trade and handle bad debts are allowed to seize the collateral, while others such as debt collection services receive no such authorization, and only to the extent that the seizure does not violate legal prohibitions Collateral composed of land use rights, assets attached to land, assets attached to land formed in the future, and real estate projects.
For those bad debts with the secured assets of land use rights, assets attached to land, or assets attached to land formed in the future, the buyers now have the right to register and receive the mortgages on those assets as the security property of the debt purchased The following conditions, however, must be met: These amendments have been long-awaited by credit institutions and debt dealers alike.
Creating the right to seize collateral will help enhance the handling process for collateral. In addition, Resolution 42 will bring promising changes in regulating and finalizing the legal framework for handling bad debts in general. Circular 39 took effect on the 15th of March , while Resolution 42 goes into effect on the 15th of August and lasts for five years. While both go into effect this year, it may take some time to see the impact of these improvements in practice. Real estate projects generally demand a large amount of capital from investors, especially for housing projects.
The majority of housing projects are implemented in urban areas, where land use taxes and site clearance expenses are extremely high. Thus, financing is considered the most important factor in the development and operation of real estate projects. In Vietnam, there are two mechanisms to finance real estate projects: However, both options pose risks that investors, banks, and buyers are rightfully concerned about, especially in a country where the regulating legal system is not well-developed.
Those risks became very real during the financial crisis earlier this decade, followed by the freezing of the real estate market. That freezing could be attributed to the dysfunction in the legal system for financing real estate projects. A housing construction project can be wholly or partly mortgaged if the following documents are provided: Depending on their capital requirements, investors can choose the most appropriate option to finance their projects. Nevertheless, this is where potential risks appear. The laws and regulations do not provide any mechanism for banks to protect their rights in case the State recovers the land from the investors.
Pursuant to the Land Law , the competent authority may seize the land if the land user fails to fulfill its financial obligations with the State. If that occurs, even if the banks take the secured assets to make up for the loan, there is not much to take because the land, which is the most crucial asset to a housing project, was already seized by the Government. The investor can also mortgage off-the-plan residences in his or her project.
Circular 26 requires the mortgagor of the future acquired properties to register the mortgage at the competent authority land registration offices and their branches. However, in order to register the mortgage, the dossier must include a Certificate. Therefore, the investor must complete all the financial obligations regarding the land. That includes paying site clearance expenses, as well as making rent payments and paying registration fees. After meeting those obligations, the investor is able to mortgage the off-the-plan residences for a loan. Recently, some provincial Departments of Natural Resources and Environment have published lists of mortgaged real estate projects registered in their localities.
Currently, in order to protect the consumers, lists of mortgaged projects are being announced by the authorities. Only projects which have been granted Certificates may register their mortgages, which led to the announcement of mortgaged projects. However, from the perspective of the investors affected, the announcement of their mortgaged projects could adversely impact potential sales because the projects have to be free of the mortgages or parts of the mortgage before selling any off-the-plan residences.
There are two disadvantages for investors if they choose to mortgage off-the-plan residences. The first one is that they need to obtain a Certificate, which means they have already spent a large amount of money for site clearance and land rental. The second disadvantage is the public announcement of mortgaged projects, which could make customers hesitant to purchase units. Based on these factors, investors tend to choose the first mechanism mortgaging the housing project or a part of the project for a loan.
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