THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
01/2000/ND-CP
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Hanoi,
January 13, 2000
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DECREE
PROMULGATING THE REGULATION ON THE ISSUANCE OF THE
GOVERNMENT BONDS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the State Budget Law of March 20, 1996;
Pursuant to Law No.06/1998/QH10 of May 20, 1998 amending and supplementing a
number of articles of the State Budget Law;
At the proposal of the Minister of Finance,
DECREES:
Article 1.- To
promulgate together with this Decree the Regulation on the issuance of the
Government bonds.
Article 2.- This
Decree takes effect 15 days after its signing and replaces the Government’s
Decree No.72/CP of July 26, 1994.
The Minister of Finance shall
have to guide the implementation of this Decree.
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ON BEHALF OF THE
GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung
REGULATION
ON THE ISSUANCE OF THE GOVERNMENT BONDS
(Issued
together with the Government’s Decree No. 01/2000/ND-CP of January 13, 2000)
Chapter I
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Article
1.- Scope of regulation
This Regulation provides for the
issuance of the Government’s bonds and matters related to the Government’s
bonds on the territory of the Socialist Republic of Vietnam.
Article
2.- Interpretation of terms
In this Regulation the following
terms shall be construed as follows:
1. The Government bond is a type
of security, issued by the Finance Ministry, which has a definite term, par
value and interest and which acknowledges the debt-repayment obligation of the
Government toward the bond owner.
2. The bond issuance means the
sale of the Government bonds to individuals and organizations.
3. The retail via the State
Treasury system means the State Treasury units sell bonds directly to the
buyers.
4. Bidding for the Government
bonds is the sale of bonds to organizations and individuals that participate in
the bidding, meet all requirements of the Finance Ministry and offer the lowest
interest rates.
5. Issuance agency means the
organizations licensed to act as the issuance agents reach agreement with the
Finance Ministry to undertake the sale of the Government bonds. Where the bonds
are not sold out, the issuance agents may return the remaining bonds to the
Finance Ministry.
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7. Custody of the Government
bonds means an organization is licensed to keep and preserve the Government
bonds for customers and help the latter exercise their rights over the
Government bonds.
8. The Government bond
settlement agency means organizations are authorized by the Finance Ministry to
conduct the payment of both principals and interests of the Government bonds
upon their maturity.
9. Pledge means the Government
bond owner transfers his/her bonds to another individual or organization to
ensure the performance of his/her civil obligations.
Article
3.- Types of the Government bond
1. Treasury bill is a type of
Government bond that has a term of under 1 year and is issued for the purpose
of offsetting the temporary State budget deficit and creating more tools for
the monetary market.
2. Treasury bond is a type of
Government bond that has a term of 1 year or more and is issued for the purpose
of mobilizing capital under the annual State budget plan already approved by
the National Assembly.
3. Investment bond is a type of
Government bond that has a term of 1 year or more, including the following
kinds:
a/ The bond issued to mobilize
capital for each specific project which is eligible for the State budget
investment and included in the investment plan already ratified by the
Government but has not yet been allocated the budget capital in the plan year;
b/ The bond issued to mobilize
capital for the Development Assistance Fund under the annual development
investment credit plan ratified by the Government.
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1. The Government bonds shall be
issued and settled in Vietnam dong or foreign currency(ies). The issuance of
bonds in foreign currency(ies) shall apply only to investment projects that
have the demand of mobilizing capital in foreign currency(ies); the Finance
Ministry shall elaborate the detailed issuance plan to be submitted to the
Prime Minister for decision.
2. The Government bonds shall be
issued in form of certificates or book-entries, registered or bearer.
3. The Government bond’s par
value is stipulated as follows:
a/ For bonds issued and settled
in Vietnam dong, the minimum par value shall be 100,000 VND while the other par
values shall be the multiples of 100,000 VND, which shall be specified by the
Minister of Finance;
b/ For bonds issued and settled
in foreign currency(ies), the Minister of Finance shall provide detailed
guidance for each time of issuance.
4. The Government bonds shall be
issued in series. The Finance Ministry shall decide the mode of issuance, the
issuance subjects and amounts, the par values, terms, interest rates and
provisions on the payment of the bond principals and interests. Before the
issuance of a series of bonds, the Finance Ministry shall announce the relevant
specific provisions on the mass media.
Article 5.- The
Government bond buyers shall be the Vietnamese organizations and individuals,
overseas Vietnamese and foreign organizations and individuals working and
living lawfully in Vietnam. Vietnamese organizations shall not be allowed to
use the State budget sources for the purchase of the Government bonds.
Article 6.-
Rights of the Government bond owners
1. To be guaranteed by the
Government on the full and timely payment of the bonds� principals and interests upon their maturity.
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3. Subjects being individuals
shall be exempt from income tax on the revenue from the bonds.
Article 7.-
The Government bonds shall not be used as substitute for money in circulation
and performance of financial obligations towards the State budget.
Article 8.-
The Government bond owners may have their bonds in custody at organizations
licensed for securities custody as currently prescribed by law or may deposit
them at the State Treasuries for preservation.
Article 9.-
The Government bonds with a term of 1 year or more may be listed and traded at
the central securities trading market (the securities trading center or stock
exchange). The listing and trading of bonds shall comply with the law
provisions on securities and securities market.
Article
10.- The Government bond owners shall have to keep and preserve their
bonds. Those bonds which are imitated, torn, damaged or fail to maintain their
form or contents shall not be settled. The Finance Ministry shall specify cases
where the Government bonds are invalid for settlement.
Article
11.- Loss or misplacement of Government bonds
1. The bearer bonds which are
lost or misplaced shall not be settled.
2. For the registered bonds
which are lost or missing, if the person losing the bonds can prove his/her
ownership thereover and the bonds have not yet been abused for settlement,
he/she shall be entitled to the settlement of the bonds upon their maturity by
the issuing agency.
Article
12.- All acts of abusing, destroying or imitating bonds shall be handled
according to law.
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TYPES OF GOVERNMENT BONDS
Section I.
TREASURY BILLS
Article
13.- Treasury bills shall be issued in form of bidding via the State Bank.
The volume and interest rates of
treasury bills shall be decided based on the bidding results.
The State Bank shall act as an
agent for the Finance Ministry in the issuance and settlement of the
bid-winning treasury bills and enjoy an amount of fee to be set by the Finance
Ministry.
Article
14.- Subjects entitled to participate in bidding for treasury bills
1. Banking organizations
operating in Vietnam, including commercial banks, development banks, investment
banks, policy banks, cooperation banks, joint-venture banks, branches of
foreign banks and other types of bank operating under the Law on Credit
Institutions.
2. Financial companies,
insurance companies, insurance funds and investment funds operating in Vietnam.
Article
15.- Treasury bills shall be traded on the monetary market or discounted at
the transaction bureau of the State Bank. The State Bank shall have to organize
the management and control of the treasury bill market.
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The central State budget shall
ensure sources for the settlement of treasury bills upon their maturity.
Article
17.- The Finance Ministry shall reach agreement with the State Bank to issue
a Regulation on Bidding for Treasury Bills as well as legal documents on the
control of the treasury bill market.
Section II.
TREASURY BONDS
Article
18.- Modes of issuance of treasury bonds
1. Retail through the State
Treasury system:
a/ The State Treasuries shall
sell bonds directly to the eligible subjects;
b/ Bonds retailed through the
State Treasury system shall be issued by the mode of discounting or par-value
equivalence.
2. Bidding via the central
securities trading market:
The bidding for treasury bonds
via the central securities trading market shall comply with the provisions of
the Finance Ministry and the State Securities Commission.
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a/ Securities companies;
b/ Subjects defined in Article
14 of this Regulation;
c/ State corporations
established under the Prime Minister’s Decision No. 90/TTg and Decision No.
91/TTg of March 7, 1994;
d/ The other subjects
participating in bidding for treasury bonds must meet the conditions prescribed
by the Finance Ministry and the State Securities Commission.
3. Issuance agents:
a/ Organizations to be selected
as agents to issue treasury bonds include securities companies, financial companies
and banking organizations operating under the Law on Credit Institutions;
b/ The issuance agents shall
sell treasury bonds for the Finance Ministry and be enjoy an amount of fee as
agreed upon with the latter.
4. Issuance underwriting:
a/ Organizations to be selected
for treasury bond-issuance underwriting companies, financial companies and
banking organizations operating under the Law on Credit Institutions;
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Article
19.- Payment of treasury bond principals and interests
1. The State Treasuries shall
organize the payment of the bond principals and interests to bond owners upon
the bonds’ maturity, regarding the bonds issued through the State Treasury
system.
2. The bond settlement agents or
bond custody organizations shall be entrusted to pay the bond principals and
interests to bond owners upon the bonds’ maturity, regarding treasury bonds
issued by the mode of bidding, issuance agency or underwriting.
Article
20.- Transfer of treasury bonds upon their sale, present, donation or
bequeathal.
1. For bonds which are not
listed and traded on the central securities trading market, their transfer
shall be conducted as follows:
a/ The transfer of the bearer
bonds shall not be registered with the issuing agencies;
b/ The transfer of the
registered bonds must go through the procedures at the State treasuries where
the bonds are issued or at the bond issuing or underwriting organizations under
guidances of the Finance Ministry.
2. For treasury bonds listed and
traded on the central securities trading market, their transfer shall comply
with the provisions of Decree No.48/1998/ND-CP of July 11, 1998 on securities
and securities market.
Article
21.- All borrowings from treasury bonds shall be concentrated into the
State budget to meet use for the spending demands according to the State budget
estimates already ratified by the National Assembly.
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Section III.
INVESTMENT BONDS
Article
23.- Investment bonds mobilized for projects
When having a demand to mobilize
capital for projects which are entitled to the State budget allocations and
included in the State investment plan but have not yet been allocated the
budget capital in the plan year, the concerned ministries and branches (for the
centrally-run projects) or the People’s Committees of the provinces and
centrally-run cities (for the locally-run projects) shall work out the bond
issuance plans and send them to the Finance Ministry for appraisal and
submission to the Prime Minister for decision.
Article
24.- Conditions for the issuance of investment bonds to mobilize capital
for projects
1. The projects are included in
the annual investment plan of the State.
2. There’s a bond issuance
option and plan on the use of the loan capital and debt repayment already
ratified by the Prime Minister. The contents of such option must meet the
following conditions:
a/ Having a certification of the
Finance Minister (for the centrally-run projects) or the People’s Committee of
the province or centrally-run city (for the locally-run projects) regarding the
arrangement of sources for the settlement of the bonds upon their maturity
under the State budget plan;
b/ For the locally-run projects,
the total balance of the mobilized capital sources at the time of mobilization
must not exceed 30% of the annual investment capital for capital construction
given by the budget of the province or centrally-run city (referred to
collectively as the provincial-level budget).
Article
25.- The mode of issuance, settlement and transfer of investment bonds to
mobilize capital for projects shall be effected as for treasury bills
stipulated in Articles 18, 19 and 20 of this Regulation.
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Article
27.- Sources for the payment of principals, interests and fee to
organizations issuing and/or settling investment bonds to mobilize capital for
projects shall be ensured by the State budgets (the central budget and
provincial-level budgets) and included in the annual development investment
capital plan.
In cases where the bonds are
mature but the provincial budget cannot arrange sources for the settlement, the
Finance Ministry shall make deduction from the yearly additional source of the
central budget for the provincial budget or from the remaining fund of the
provincial budget to settle the bonds.
Article 28.-
The issuance of investment bonds to mobilize capital for the Development
Assistance Fund under the State’s development investment credit plan shall be
conducted as follows:
1. On the basis of the
development investment credit plan already approved by the Government, the
Development Assistance Fund shall work out the investment bond issuance plan
and option, and submit them to the Finance Ministry for decision.
2. The mode of issuing, settling
and transferring bonds shall be effected as for the treasury bonds stipulated
in Articles 18, 19 and 20 of this Regulation.
3. The bond borrowings shall be
transferred to the Development Assistance Fund, which shall have to manage and
use the bond issuance capital sources in strict compliance with the provisions
of its Organization and Operation Charter and ensure sources for timely payment
of the bond principals and interests as well as the issuance fees.
Chapter
III
STATE MANAGEMENT
RESPONSIBILITIES AND POWERS REGARDING THE GOVERNMENT BONDS
Article
29.- The Finance Ministry shall have the responsibility:
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2. To work out the annual plans
on the bond issuance and settlement.
3. To exercise the unified
management of the printing of stamps for the Government bonds.
4. To organize the issuance and
settlement of the Government bonds.
5. To examine the options on the
issuance of investment bonds.
6. To ensure sources for the
settlement of investment bonds for the centrally-run projects.
7. To organize the
cost-accounting of accounts in strict compliance with the State’s regime.
8. To coordinate with the State
Bank in organizing the treasury bill bidding market.
9. To coordinate with the State
Securities Commission in organizing the Government bond-bidding market as well
as the bond issuance agency and underwriting.
10. To inspect and supervise the
use of the bond issuance capital sources.
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Article
30.- The State Bank shall have the responsibility:
1. To coordinate with the
Finance Ministry in organizing treasury bills biddings through the State Bank
as well as the management and control of the treasury bill market.
2. To coordinate with the State Securities
Commission in managing the bond issuance agency, underwriting and trading
activities of banking organizations.
3. To join the Finance Ministry
in determining the Government bond’s interest rates.
Article
31.- The State Securities Commission shall have the responsibility:
1. To coordinate with the
Finance Ministry in organizing the Government bond issuance market in form of
bidding at the central securities trading market.
2. To manage and supervise the
Government bond issuance agency, underwriting, listing and trading activities
via the central securities trading market.
Article
32.- The ministries, branches and People’s Committees of the provinces and
centrally-run cities that have the investment bond issuance projects shall have
the responsibility:
1. To work out the annual plans
on the investment bond and send them to the Finance Ministry;
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3. To coordinate with the
Finance Ministry in organizing the bond issuance and settlement; to inspect and
supervise the use and withdrawal of investment capital;
4. As for investment bonds for
the locally-run projects, the People’s Committees of the provinces and
centrally-run cities shall have to balance the provincial budgets to ensure
sources for the settlement of bonds upon their maturity according to the
provisions of the State Budget Law and the legal documents guiding the
implementation thereof.
Article
33.- Handling of violations
Organizations and/or individuals
that violate the provisions of this Regulation shall, depending on the nature
and seriousness of their violations, be administratively handled, disciplined
and have to pay compensation for damage incurred as prescribed by law. Serious
violations shall be subject to examination for penal liability.