THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
72-CP
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Hanoi,
July 26, 1994
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DECREE
ON
THE PROMULGATION OF REGULATIONS CONCERNING THE ISSUE OF GOVERNMENT 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,
DECREES:
Article 1.- To
promulgate, along with this Decree, the Regulations on the issue of Government
bonds.
Article 2.-
This Decree takes effect upon its signing. The Minister of Finance has the
responsibility to guide the implementation of the Regulations issued along with
this Decree.
Article 3.-
The ministers, the heads of ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People's Committees
of provinces and cities directly under the Central Government have the
responsibility to implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
REGULATIONS
ON
THE ISSUE OF GOVERNMENT BONDS
(issued
along with Decree of the Government No. 72 CP on the 26th of July 1994)
Article 1.- Government
bonds are writs of Government debts issued by the Ministry of Finance with a specified
term denomination and interest rate.
Article 2.-
Government bonds, either signed or anonymous, are issued in the following
forms:
1. Treasury credits with terms
of less than one year.
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3. Project bonds with terms of
one year or longer, issued for specific projects in accordance with the State's
investment plan.
Article 3.-
Government bonds are bought in Vietnamese Dong and repaid in Vietnamese Dong.
In case the bond is bought with
gold or a foreign currency, it will be changed into Vietnamese Dong by the
bond-issuing agency.
Article 4.-
Buyers of Government bonds can select the types of bond of their choice and buy
in unlimited quantities. Government bonds can be bought and sold at the stock
market, are transferrable and inheritable. They can be used as collateral or
mortgage in credit relations.
Government bonds cannot be used
as substitute for money in payment or as tax payments to the State.
Article 5.-
The Government guarantees to repay the full amount of both principal and
interest to owners of Government bonds on the specified term.
Article 6.-
The interest rate of Government bonds ensures buyers real interest plus the
inflationary rate.
The Ministry of Finance shall in
agreement with the State Bank set the following rates of interest:
a/ A fixed interest rate for the
whole term specified;
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c/ A suggested interest rate for
organizing a bidding to select a suitable interest rate for the issue of bonds.
Article 7.-
The following are eligible to buy Government bonds:
a/ Vietnamese inside and outside
the country, foreigners working and living in Vietnam.
b/ Vietnamese businesses in all
spheres and economic sectors, including commercial banks, credit institutions,
finance companies, insurance companies, insurance funds, investment funds...
c/ Associations and mass
organizations.
d/ Enterprises with
foreign-invested capital operating in accordance with the Law on Foreign
Investment in Vietnam and the Ordinance on Banks if they get the approval of
the Ministry of Finance.
Article 8.-
Treasury bonds and project bonds are issued in series. The Ministry of Finance
shall decide the issue of each series of bonds, their denominations and interest
rates, and the regulations on repayment (of both principal and interest).
Before a series of bonds is issued, the Ministry of Finance will announce
specific stipulations through the mass media.
Article 9.-
The Government bonds mentioned at Article 8 are issued in one of these forms:
a/ Directly through the State
Treasure.
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c/ Through bidding.
The Ministry of Finance shall
consult with the State Bank to promulgate the Regulations on the composition of
a bidding for the issue of government bonds and how to organize it.
Article 10.-
The Government bonds mentioned at Article 8 shall be repaid by the State
Treasury when they are due. In case owners of bonds fail to come at the time
specified for repayment, the principal and interest of such bonds will be paid
up to that time. From the next day on, owners of such bonds will receive an
interest rate equal to the interest rate of trembles savings accounts.
Article 11.-
The transfer of the ownership of signed Government bonds mentioned at Article 8
is made at the State Treasury.
Article 12.-
The owners of Government bonds mentioned at Article 8 can leave their bonds in
the charge of the State Treasury or the Bank for safe keeping and must pay a
safe keeping fee stipulated by the Ministry of Finance.
Article 13.-
All the sales of Government bonds mentioned at Article 8 are remitted to the
State budget to meet investment requirements for economic development in
accordance with the plan and objectives already approved by the Government. The
revenue from the sales of project bonds can be used only for the projects
already ratified by the Government.
Article 14.-
The Ministry of Finance issues Treasury Credits (Government bonds with terms of
less than one year) through the State Bank.
After getting the approval of
the Ministry of Finance, the State Bank shall issue provision specifying the
modalities of reselling treasury credits to buyers, and of managing Treasury
bonds market.
The State Bank shall repay the
owners of Treasury credits when these bonds become due.
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Article 16.-
The Government bonds issued for construction projects (mentioned at Point 3,
Article 2, of these Regulations) must ensure the following conditions:
1. The investment project must
be approved by the authorized level and is refundable in order to repay the
debt (principal and interest) when it is due.
2. An application must be enclosed
with the plan for issuing bonds, the plan of using the capital and repaying the
debt (principal and interest).
3. An office must be named with
the approval of the Ministry of Finance to assume responsibility for managing,
and using the capital and repaying the debt.
Article 17.-
The Ministry of Finance (the central budget) must assume the responsibility of
guaranteeing the repayment of bonds issued for centrally-run projects; the
People's Committees of provinces and cities (local budget) must assume the
responsibility of guaranteeing the repayment of bonds issued for local
projects.
Article 18.-
The Ministry of Finance is responsible for:
1. Making an annual plan on the
issue and repayment of bonds for submission to the Government.
2. Managing and efficiently
using the capital collected by the sales of Government bonds for the right
purposes.
3. Setting a fee for the
distributors of Government bonds (Article 9, Point) and a preservation fee
(Article 12).
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5. Cooperating with the State
Bank to organize the issue of Treasury credits, the market and related issues.
Article 19.-
Any forgery of bonds shall be punished by law. The Government shall not bear
responsibility for the crumpling or loss of bonds it issued. With regard to
signed bonds, if the owner can prove his/her ownership and if the bond has not
yet been misused, the State Treasury shall repay the bond when it is due.