THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
23-CP
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Hanoi,
March 22, 1995
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DECREE
ON
THE ISSUE OF INTERNATIONAL BONDS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
At the proposal of the Minister of Finance and the Heads of the branches
concerned,
DECREES:
Article 1.-
International bonds are certificates of debt which have denominations and terms
of payment and bear interest, issued to borrow capital from the international
capital market to meet the requirements for investment in the economic
development of Vietnam.
Article 2.- There
are 3 types of international bonds :
- Government bonds.
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- Bonds of State-owned
businesses.
Article 3.-
Government bonds are issued by the Ministry of Finance to borrow foreign
capital to invest in economic development.
Article 4.- Bank bonds are issued by the State
Commercial Banks to borrow foreign capital to broaden the banks' investment
credits.
Article 5.- Bonds
of State-owned businesses are issued by State-owned businesses to borrow
foreign capital for investment projects to expand production and business, and
for renewal of production equipment and technology of businesses.
Article 6.- Those State-owned businesses and
State Commercial Banks, which wish to issue international bonds, must ensure
the following conditions :
1/ They have been granted a
certificate of business registration as stipulated by the law on the
establishment of State-owned businesses.
2/ They have had 3 consecutive
profitable years in production and business before applying to issue bonds, and
are certified by an independent audit company that they are in a sound financial
state, have a good prospect for development, and are free from any law-breaking
acts and from financial discipline.
3/ They must have an efficient
investment project ratified by the authorized level.
4/ Their plan of issuing
international bonds has been approved by the Government.
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Article 8.- The
bond-issuing organization must repay the full value of the bonds, both
principal and interest, when they are due, and defray all costs concerning the
issue and payment of bonds.
Article 9.- The source of capital borrowed
through the issue of Government bonds shall be used as development investment
in accordance with the State Budget plan already ratified, or shall be re-lent
to State-owned businesses to invest in ratified projects on a refund basis.
The source of capital for
payment of Government bonds (including both principal and interest) shall be
guaranteed by the State Budget and the capital retrieved by businesses.
Article 10.- The source of capital borrowed
through the issue of Bank bonds shall be used to broaden the medium- and
long-term investment credits by the Banks.
The source of capital for
payment of Bank bonds (including both principal and interest) shall be
guaranteed by the State Commercial Banks.
Article 11.- The
source of capital borrowed through the issue of bonds of State-owned businesses
shall be used only to invest in the already ratified projects of the
businesses.
The source of capital for
payment of bonds of State-owned businesses (including both principal and
interest) shall be guaranteed by State-owned businesses themselves with the
revenues of the projects concerned after payment of taxes to the State as
stipulated by law, and with other legal sources of capital.
Article 12.- The Ministry of Finance has the
following tasks :
- Making plans and schedules for
the issue of Government bonds to the international capital market, and
submitting them to the Government for decision.
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- Organizing the issue and
payment of Government bonds in accordance with international practice and with
Vietnam's law.
-Drawing up, together with the
State Planning Committee, a plan on how to use the source of capital of
Government bonds and submit it to the Government for decision.
Ensuring that the capital
borrowed through Government bonds is used for the right purpose and with
efficiency. Planning and organizing the payment of the loans, both principal
and interest, when they are due, together with all costs involving the issue
and payment of Government bonds.
- Examining and checking the
schedule on the issue of bonds of State-owned business, and submitting it to
the Government for decision; together with the State Bank, examining and
checking the schedule on the issue of bonds of the State Commercial Banks
before the State Bank submits it to the Government for decision.
- Guiding, checking and
supervising the State-owned businesses in determining the coefficient of
credibility, in organizing the issue of bonds and the use of loans for the
right purpose and with efficiency, and the retrieval of capital for payment of
bonds.
Article 13.- The State managing agency directly
controlling the bond-issuing State-owned business has the following tasks :
- Examining and deciding the
project of investment in production and business of the business concerned, or
submitting it to the authorized level for decision.
- Giving its opinion on the
bond-issuing schedule of the State-owned business concerned, and sending it to
the Ministry of Finance to examine and to submit it to the Government for
decision.
Checking and supervising the
issue of bonds and the use of capital for the right purpose and with
efficiency, and the retrieval of capital for payment of bonds when they are
due.
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- Examining and deciding the
projects of State Commercial Banks for expansion of their business activities.
- Examining the bond-issuing
schedules of State Commercial Banks, and submitting them to the Government for
decision.
- Guiding, checking and
supervising the Commercial Banks in organizing the issue of bonds and the use
of loans for the right purpose and with efficiency, and the retrieval of
capital for payment of bonds.
Article 15.- The
Ministry of Finance, the State Planning Committee, the State Banks, the State
agencies directly managing the State-owned businesses, in furtherance of their
powers and responsibilities, shall have to manage the issue of the
above-mentioned bonds and ensure that they are used efficiently.
Article 16.- This
Decree takes effect as from the date of its promulgation.
Article 17.- The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, and the Presidents of the People's Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai