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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
232/2006/QD-TTg
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Hanoi,
October 16, 2006
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DECISION
PROMULGATING THE REGULATION ON COLLECTION, SYNTHESIS,
REPORTING, SHARING AND PUBLICATION OF INFORMATION ON FOREIGN DEBTS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Government's Decree No. 134/2005/ND-CP of November 1, 2005,
promulgating the Regulation on management of foreign loans and payment of
foreign debts;
At the proposal of the Minister of Finance,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on collection, reporting,
synthesis, sharing and publication of information on foreign debts.
Article 2.- This
Decision takes effect 15 days after its publication in "CONG BAO."
Article 3.- The Minister
of Finance, the Governor of the Vietnam State Bank and the Minister of Planning
and Investment shall implement, and guide and inspect the implementation of,
the Regulation on collection, reporting, synthesis, sharing and publication of
information on foreign debts promulgated together with this Decision.
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PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON COLLECTION, SYNTHESIS, REPORTING, SHARING AND PUBLICATION
OF INFORMATION ON FOREIGN DEBTS
(Promulgated together with the Prime Minister's Decision No. 232/2006/QD-TTg
of October 16, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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a/ Collection and synthesis of, and reporting
on, the conclusion of loan agreements, capital withdrawal, payment of the
Government's and enterprises' foreign debts, capital re-lending and recovery of
the Government's re-lent capital;
b/ Sharing of data and documents on foreign
debts among concerned agencies;
c/ Publication of reports on foreign debts.
Article 2.- Purposes
1. To define responsibilities of concerned
agencies and organizations in supplying reports and information on foreign
loans and payment of foreign debts, capital re-lending and recovery of re-lent
capital to ensure the close and prompt coordination among agencies in debt
management and create conditions for state management agencies to well perform
their tasks defined in the Regulation on management of foreign loans and
payment of foreign debts promulgated together with the Government's Decree No.
134/2005/ND-CP of November 1, 2005 (below referred to as Decree No.
134/2005/ND-CP).
2. To step by step establish and constantly
update the database on the country's foreign debts in order to analyze,
forecast and supervise foreign debt indicators; formulate a national strategy
on foreign borrowings, programs on management of medium-term debts, annual
plans on foreign loans and payment of foreign debts, and debt limits; and
supply and publish information on Vietnam's foreign debts.
3. To raise the effectiveness of financial
management of the Government's foreign loan sources.
4. To ensure equality in accessing and using the
published information on foreign debts.
5. To increase transparency and publicity in the
process of international and regional economic integration; to make consistent
data supplied to donors and investors of the international financial community.
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The terms referred to in this Regulation have
the same meanings as those interpreted in Decree No. 134/2005/ND-CP. The terms
below are construed as follows:
1. "Database on the country's foreign
debts" means a collection of data and reports on implementation,
assessment and analysis of the country's foreign debts which are stored in a
systematic and organized manner in the form of data files on information-carrying
objects such as computer discs, magnetic tapes, CD, DVD or written reports.
2. "Sharing of foreign debt
information" means the exchange and supply of foreign debt information and
databases among concerned agencies and organizations in order to assess,
forecast and formulate in time strategies, policies and plans and meet
information demands of other organizations and individuals, and, at the same
time, to raise the effectiveness of state management of foreign loans and
payment of foreign debts, and to make consistent the information supplied to
donors and investors.
3. "Publication of foreign debt
information" means the making available to the public of prompt and
accurate information and databases on foreign debts in accordance with law.
4. "Official creditors" means
governments of foreign countries or agencies representing governments and
multilateral international financial institutions.
5. "Private creditors" means creditors
not belonging to governments or the public sector.
Article 4.- The Ministry
of Finance shall act as the Government's major body in performing the state
management of the country's foreign debts; assume the prime responsibility for
establishing and managing the database on the Government's foreign debts;
synthesize the country's foreign loans and payment of foreign debts; publish
and supply information on the Government's foreign loans and payment of foreign
debts in accordance with law.
Article 5.-
Classification of foreign debts
The country's foreign debts are collected, reported,
shared and published according to the following major classification criteria:
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a/ The public sector's foreign debts, including
the Government's foreign debts, foreign debts (if any) of administrations of
provinces or centrally run cities, foreign debts of state enterprises, state
financial and credit institutions or state economic organizations (below
collectively referred to as state enterprises), which are directly owed to
foreign countries;
b/ Foreign debts of the private sector.
2. Classification based on borrowing forms:
Foreign debts include debts of official development assistance (ODA) and
commercial loans.
3. Classification based on loan terms: Foreign debts
include those from short-, medium- and long-term loans.
4. Classification based on creditors and
creditor groups: Foreign debts include debts of:
a/ Official creditors, including bilateral
creditors being governments or agencies representing governments, and
multilateral creditors being multilateral international financial institutions;
b/ Private creditors, including commercial
banks, bond owners and other private creditors.
Chapter II
COLLECTION, GENERAL
REPORTING AND SHARING OF INFORMATION ON FOREIGN DEBTS
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The data collection and reporting on foreign
debts must adhere to the following principles:
a/ The collected data and information on foreign
debts must be truthful, objective, accurate, adequate and prompt.
Information-supplying agencies shall take responsibility before law for the
accuracy of the supplied information;
b/ Every concerned agency shall collect data and
make reports on foreign debts within the scope of their responsibilities
defined in Article 6 of the Regulation on management of foreign loans and
payment of foreign debts promulgated together with Decree No. 134/2005/ND-CP;
c/ Foreign debt reports are made on the basis of
synthesizing foreign loans and payment of foreign debts according to the
foreign debt classification criteria specified in Article 5 and report forms in
the appendices to this Regulation (not printed herein);
d/ Data in sum-up reports on foreign debts made
by the Finance Ministry are expressed in Vietnam
dong (VND) and US dollar (USD) on the basis of the exchange rate and foreign
currency revenue-expenditure reports announced by the Finance Ministry. For
sum-up reports whose data are made by other agencies in currencies other than
Vietnam dong or US dollar, those currencies must be converted into Vietnam dong
or US dollar at the exchange rates specified in report forms in the appendices
to this Regulation (not printed herein).
Article 7.-
Responsibility to collect information and make reports
1. The Finance Ministry shall collect data on
the Government's foreign loans and enterprises' foreign loans guaranteed by the
Government in order to make and supply the following reports on foreign debts:
a/ Reports made in accordance with Clauses 1, 2
and 4, Article 8 of this Regulation;
b/ The Government's foreign commercial-loan
limits, total annual foreign commercial-loan limits of the public sector and
the country;
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d/ Reports made according to the forms in
Appendix I to this Regulation (not printed herein).
2. The Vietnam State Bank shall collect data on
enterprises' foreign loans in order to make and supply to the Finance Ministry the
following reports on foreign debts:
a/ Reports made in accordance with Clause 3,
Article 8 of this Regulation;
b/ Annual foreign commercial-loan limits of
enterprises and organizations of the public sector, and forecasts of annual
foreign loan limits of the private sector;
c/ Periodical reports on the international
payment balance and foreign exchange reserve for supervising the country's
foreign debt status as stipulated in the Regulation on formulation and
management of the system of criteria for assessing and supervising the
country's foreign debt status;
d/ Reports made according to the forms in
Appendix II to this Regulation (not printed herein).
3. The Ministry of Planning and Investment shall
make reports according to its functions and tasks defined in Article 6 of the
Regulation on management of foreign loans and payment of foreign debts
promulgated together with Decree No. 134/2005/ND-CP and supply them to the
Finance Ministry, including:
a/ Long-term strategies on foreign loans and
payment of foreign debts;
b/ Strategies and plannings on ODA attraction
and use;
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4. The General Statistics Office shall
biannually and annually supply the Finance Ministry with data related to
national accounts, including:
a/ GDP calculated at actual prices and
comparative prices;
b/ Consumer price indexes (CPI);
c/ Turnovers of exported goods and services;
growth rate of turnovers of exported goods and services.
5. Ministries, ministerial-level agencies and
provincial/municipal People's Committees shall make sum-up reports in
accordance with Article 34 of the Regulation on management of foreign loans and
payment of foreign debts promulgated together with Decree No. 134/2005/ND-CP,
including:
a/ Biannual and annual reports on foreign loans,
use of foreign loans and payment of foreign debts of their branches and
localities;
b/ Annual reports on state budget estimates of
their ministries, branches and localities, clearly stating the to be-withdrawn
amounts of foreign loans, allocation of matching funds to programs and projects
according to the Government's schedule of making annual state budget estimates.
6. Re-lending agencies shall collect data on
loans to be re-lent in order to make and send periodical reports to concerned
agencies in accordance with re-lending authorization agreements (contracts);
and make reports according to the forms in Appendix III to this Regulation (not
printed herein).
7. Enterprises and credit institutions shall
report on foreign loans and payment of foreign debts to the Vietnam State Bank
according to the regulations of the Vietnam State Bank Governor.
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Article 8.- Sum-up
reports to be submitted to the Prime Minister
Annually, the Finance Ministry shall send sum-up
reports on the country's foreign loans and payment of foreign debts to the
Prime Minister, the Ministry of Planning and Investment and the State Bank of Vietnam.
Such a report comprises the following principal contents:
1. Balance of the country's foreign debts
classified according to the criteria specified in Article 5 of this Regulation.
2. Implementation of, and annual plans on, the
Government's foreign loans and payment of foreign debts (including the
Government-guaranteed debts).
3. Implementation of, and plans on, enterprises'
foreign loans and payment of foreign debts.
4. Total limits of foreign commercial loans of
enterprises, public-sector organizations and the whole country.
Article 9.- Time limit
for submitting and sending reports and data
1. The time limit for ministries, branches and
localities to send reports and data to the Finance Ministry and concerned
agencies:
a/ For biannual reports: ministries,
ministerial-level agencies, provinces and centrally run cities shall send the
reports by July 31. After summing up those reports, the Finance Ministry shall
send them to concerned agencies by August 31;
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2. Time limit for submitting reports to the
Prime Minister:
Reports specified in Article 8 of this
Regulation shall be submitted by the Finance Ministry to the Prime Minister and
concerned agencies by March 31 of the subsequent year.
Article 10.- Security
regime
The collection, management, exploitation and use
of databases and the publication of foreign debt information specified in this
Regulation shall comply with state regulations on security.
Chapter III
PUBLICATION OF
INFORMATION ON FOREIGN DEBTS
Article 11.- Competence
to publish information on foreign debts
1. The Finance Minister shall publish and supply
information on the Government's and the country's foreign loans and payment of
foreign debts through publishing news bulletins on foreign debts in accordance
with law.
2. Ministers, heads of ministerial-level
agencies, heads of government-attached agencies and presidents of
provincial/municipal People's Committees have the competence to publish foreign
debt information within the branches or domains under their respective
management and shall ensure consistency of that information with data and
documents already supplied to the Finance Ministry in accordance with this
Regulation.
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1. The Finance Ministry shall assume the prime
responsibility for publishing news bulletins on foreign debts which carry
information on the Government's foreign debts and the country's foreign loans
and payment of foreign debts, and archive the published news bulletins on
foreign debts in accordance with law.
2. The Ministry of Planning and Investment, the
State Bank of Vietnam,
ministries, ministerial-level agencies, government-attached agencies and
provincial/municipal People's Committees shall:
a/ Coordinate with the Finance Ministry in
publishing information on the country's foreign debts;
b/ Decide on forms, time limit and contents of
to be-published foreign debt information within the branches or domains under
their respective management;
c/ Archive data and documents already supplied
to the Finance Ministry in order to publish information in accordance with law.
Article 13.- Forms of
publishing new bulletins on foreign debts
1. The Finance Ministry shall publish biannual
news bulletins on foreign debts in Vietnamese and English in the forms of
printed publications and data on its website.
2. Foreign debt information published in those
news bulletins is supplied according to the forms in Appendix IV to this
Regulation (not printed herein).
Article 14.- Funds for
publication of news bulletins on foreign debts
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