THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
231/2006/QD-TTg
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Hanoi,
October 16, 2006
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DECISION
PROMULGATING THE REGULATION ON FORMULATION AND MANAGEMENT OF
THE SYSTEM OF INDICATORS FOR ASSESSMENT AND SUPERVISION OF THE NATIONAL FOREIGN
DEBT STATUS
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
Organization of the Government;
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 Finance Minister,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on formulation and
management of the system of indicators for assessment and supervision of the
national foreign debt status.
Article 2.- The Finance
Ministry shall base itself on this system of indicators to synthesize, analyze,
assess and supervise the foreign debt status; and periodically report it to the
Prime Minister.
Ministries, ministerial-level agencies,
provincial/municipal People's Committees and units using foreign loans shall
closely coordinate with the Finance Ministry in supplying relevant information,
calculating indicators for assessment and supervision of foreign debts, and
directing their attached units to comply with the provisions of this Regulation.
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Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, and presidents of provincial/municipal
People's Committees shall implement this Decision.
PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON FORMULATION AND MANAGEMENT OF THE SYSTEM OF INDICATORS
FOR ASSESSMENT AND SUPERVISION OF THE NATIONAL FOREIGN DEBT STATUS
Chapter I
GENERAL PROVISIONS
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This Regulation applies to the formulation and
management of the system of general indicators on national foreign debts, debt
safety thresholds, borrowing limits, responsibilities of the prime agency and
concerned agencies in assessing the foreign debt status, in order to formulate
and (or) adjust appropriate strategies and policies on government loans and
ensure the national debt safety.
Article 2.- Interpretation
of terms
1. Terms and expressions referred to in this
Regulation have the same meanings as those in 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 (referred to as Decree No.
134/2005/ND-CP). The terms and expressions below are construed as follows:
2. System of foreign debt indicators consists of
general indexes reflecting the debt level of an economy, the capability of a
nation to pay debts to foreign creditors in comparative relations to
macroeconomic indicators.
3. Assessment and supervision of the foreign
debt status mean the constant assessment and supervision of the foreign debt
status, or the analysis of the list of debts by the Government and the
concerned state management agencies on the basis of the system of foreign debt
indicators in order to promptly detect signs of the economy's international
payment imbalance or the public and private sectors' financial difficulties in
payment of foreign debts, well control risks so as to properly and promptly
adjust the borrowing policy and the list of debts, thus ensuring the debt
sustainability within the safety thresholds and the national financial security.
4. Agency assuming the prime responsibility for
assessment and supervision of debts means the Finance Ministry.
5. Coordinative agencies for the assessment and
supervision means the State Bank of Vietnam, the Planning and Investment
Ministry, the General Office of Statistics, the Trade Ministry, and other
ministries, ministerial-level agencies and provincial/municipal People's
Committees that use government foreign loans.
6. Total foreign debts means national foreign
debts defined in Clause 8, Article 2, Chapter I of the Regulation on management
of foreign loans and payment of foreign debts, promulgated together with Decree
No. 134/2005/ND-CP.
7. Present value of foreign debts (PV FD) means
total future liabilities to pay debts (principals and interests) of total
existing foreign debts calculated at the present time by the method of discount
at market interest rates.
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9. The state foreign reserves (FR) means
property in foreign exchange reflected in the monetary balance sheet of the
State Bank of Vietnam and
shown in figures announced by the State Bank of Vietnam
according to current provisions of law.
10. Export value of goods and services in period
(EX) means the value of goods and services exported in the supervised period,
shown in figures announced by the General Office of Statistics.
11. Annual debt service (DS) means the total
liability to pay foreign debt principals and interests in a year, shown in
figures announced by the Finance Ministry.
12. Annual debt service for government debts (DS
GD) means the total liability to pay principals and interests of government
debts (including both domestic and foreign debts) in a year, shown in figures
announced by the Finance Ministry.
Article 3.- Objectives
of assessment and supervision of the foreign debt status
1. To constantly oversee the situation of
foreign debts in order to early identify latent risks in the list of national
debts and relevant problems in the debt management (if any) in particular and
in the correlation with domestic and overseas economic environments in general.
2. To help the agency responsible for debt
supervision propose to the Government measures to draw up and maintain a
reasonable list of debts, promptly adjust the list of debts when necessary and
maintain the sustainability of national debts in medium-long terms; ensure the
financial and monetary security; optimize capital mobilization plans and
minimize risks and expenditures for the state budget and the whole economy.
3. To serve as a basis for the formulation of
debt policies and strategies and capital mobilization strategies; work out
annual borrowing and debt payment plans with the lowest costs, and well control
risks; ensure the compliance with the State's socio-economic development
orientations and policies.
4. To help organizations and units using foreign
loans monitor their own investment, production or business activities, and
become aware of abnormal circumstances so as to devise as soon as possible
remedies and to develop.
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6. To raise the efficiency of financial analysis
and forecast, contributing to improving the effectiveness of management and
formulation of macro-economic policies in a given period.
Article 4.- Principles
for assessment and supervision of the foreign debt status
1. The assessment and supervision must be
conducted in a constant and regular manner.
2. The assessment and supervision of foreign
debts must be associated with the assessment and supervision of the Government's
domestic debts and the supervision of reserve liabilities.
3. The compliance with regulations and guidance
must be ensured; proposals and petitions must be timely, specific and feasible.
Chapter II
THE SYSTEM OF FOREIGN
DEBT INDICATORS
Article 5.- Group of
indicators of national foreign debts
This group consists of major indicators assessed
and supervised according to the debt safety threshold and support indicators
not assessed and supervised according to the debt safety threshold but used in service
of the analysis and assessment of the national foreign debt status.
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a/ Present value of foreign debts against GDP
(PV FD/GDP);
This indicator reflects a nation's foreign debt
level compared with its resources and is calculated at the year-end.
b/ Present value of foreign debts against export
value of goods and services (PV FD/EX):
This indicator reflects the sustainability of
foreign debts shown in a nation's capability to make present and future payment
of foreign debts with its export revenues without resorting to debt relief or
rescheduling.
c/ Present value of foreign debts against gross
revenues (PV FD/GR):
This indicator reflects the capability to pay
foreign debts at present and in the future with the Government's budget
sources. This indicator is particularly important on the condition that
revenues from the export of goods and services are limited.
d/ Debt service against export value of goods
and services (DS/EX):
This indicator reflects the ratio of revenues
from national exports which must be set aside for payment of foreign debts.
e/ Debt service against gross revenues (DS/GR):
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f/ The state foreign reserves against total
short-term foreign debts (FR/STD):
This indicator reflects the capability of the
state foreign exchange reserves to be used for payment of short-term foreign
debts. This is an important indicator on the condition that the nation is
unable to access or has a limited access to the international capital market.
2. Support indicators not assessed or supervised
according to the debt safety threshold but used in service of the analysis and
assessment of the debt status:
a/ Total foreign debts, structure of foreign
debts under the following principal conditions: foreign debts classified according
to groups of creditors, borrowing conditions (preferential or
non-preferential), currencies of loans, terms of loans (short and medium-long
terms), overdue debts (if any) and borrowed and repaid amounts in a year. These
indicators show the present national debt status and serve the assessment of
the list of foreign debts at a given time;
b/ Average interest rate of foreign loans means
the loan interest rate calculated on the basis of the weighted average interest
rate of loans with different borrowing conditions, and shown by figures
announced by the Finance Ministry. This is a useful index for comparison with
the nation's export growth rate or GDP growth rate;
c/ Average term of foreign loans means the loan
term calculated on the basis of weighted average term of loans with different
terms. This is a useful index, especially for loans other than government
loans, for overseeing loans that are about mature or reckoning the necessity of
measures to restructure debts (debt rescheduling) in order to limit risks for
the economy.
Article 6.- Group of
indicators of the government's and the public sector's foreign debts
1. Foreign loans for offsetting state budget
deficits
This indicator reflects the capability to
mobilize sources of foreign loans to offset annual state budget deficit of a
nation, especially a developing nation, when investments need to be promoted
while savings for investment are limited. This indicator is calculated in
percentage (%) to GDP.
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This indicator reflects the foreign debt level
of the public sector compared with national resources, and is calculated at the
year-end.
3. Debt service for government debts against
gross revenues
This indicator reflects the Government's
capability to pay its existing liabilities (including domestic liabilities).
4. Debt service for government foreign debts
against gross revenues (DSExt/GR)
This indicator reflects the Government's
capability to pay its foreign debts.
5. Reserve liabilities against gross revenues
A reserve liability means a balance at each
given point of time of all principals, interests and fees payable for
government-sublent loans and government-guaranteed loans. This indicator presents
insurmountable risks incurred to sub-borrowing partners and guaranteed partners
and may be borne by the state budget in performing obligations toward foreign
lenders. The calculation of this indicator covers not only the consideration of
the nominal value of reserve liabilities but also the assessment of these
liabilities' risk level. The higher this level the greater risk of sub-loans
and guarantees.
Article 7.- Group of
indicators of enterprises' foreign debts
The group of indicators of enterprises' foreign
debts consists of the following indicators:
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2. Due debts in a period/total foreign debts of
enterprises.
3. Period-end balance of overdue debts/total
foreign debts of enterprises.
Chapter III
DEBT SAFETY THRESHOLDS
AND BORROWING LIMITS
Article 8.- Debt safety
thresholds
1. Based on the national debt level, the public
sector's debt status and international practice, the Finance Ministry shall
elaborate and propose to the Prime Minister for decision safety thresholds for
foreign debt indicators in each period, ensuring the sustainability of national
foreign debts.
2. Safety thresholds of national foreign debts
for the 2007-2010 period are specified in Appendix I to this Regulation.
Article 9.- Limits of
foreign commercial loans
1. Based on the socio-economic development
strategy for each period, the demand for capital to be mobilized for the
economy and the present status of national debts, aiming to attain a safe debt
level according to safety thresholds of foreign debts defined in Article 8 of
this Regulation, the Finance Ministry shall annually assume the prime
responsibility for, and coordinate with the Planning and Investment Ministry
and the State Bank of Vietnam in, synthesizing, formulating and submitting to
the Prime Minister for approval total limits of national foreign commercial
loans as part of annual plans on borrowing and repayment of foreign loans,
including:
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b/ Limit of annual medium- and long-term
commercial loans of the Government;
c/ Limit of annual commercial loans of
enterprises of the public sector;
d/ Projected level of foreign loans of the
private sector.
2. Limits shall be formulated on the following
principles:
a/ Limit of short-term commercial loans of the
whole economy: The State Bank of Vietnam shall assume the prime responsibility
for formulating and proposing this limit to the Finance Ministry for synthesis
and submission to the Prime Minister. The formulation of this limit is based on
the state foreign reserve status, the total supplied money volume (M2), the
foreign-currency capital proportion in total M2, which can be withdrawn from
the economy upon occurrence of a financial or monetary crisis, and the probability
of occurrence of such a financial or monetary crisis, leading to the capital
withdrawal by investors and (or) creditors;
b/ Limit of annual medium- and long-term
commercial loans of the Government: The Finance Ministry shall assume the prime
responsibility for formulating this limit. This limit is determined on the
basis of ensuring the debt safety threshold and taking into account the
following elements: growth rate in a plan year; average interest rate of
commercial loans; the Government's demand for commercial loans for investment
in the public sector; and the state budget's capability to pay debts;
c/ Limit of annual commercial loans of
enterprises of the public sector: The State Bank of Vietnam shall assume the
prime responsibility for, and coordinate with the Finance Ministry in,
formulating this limit before incorporation by the Finance Ministry in annual
plans on borrowing and repayment of foreign loans. This limit is annually
formulated on the basis of the public sector's debt safety threshold and
domestic debt status, and enterprises' demand for and capability to directly
borrow commercial loans (with or without government guarantees);
d/ Projected level of foreign loans of the
private sector: Foreign loans within this level include short-term and
medium/long-term loans of enterprises of the private sector. The State Bank of Vietnam
shall assume the prime responsibility for projecting and proposing this level
to the Finance Ministry for incorporation in the national foreign debt limits.
Chapter IV
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Article 10.-
Responsibilities of the Finance Ministry
1. To specifically guide the methods of calculating
foreign debt indicators as defined in Articles 5 and 6 of this Regulation.
2. To collect and synthesize data and
information from various sources; to report annually to the Government and the
National Assembly on the situation of foreign debts according to foreign debt
indicators.
3. To assume the prime responsibility for, and
coordinate with the Planning and Investment Ministry, the State Bank of Vietnam
and other concerned agencies in, formulating and proposing to the Prime
Minister for promulgation the safety thresholds of foreign debts in each period
which shall be incorporated in debt strategies and medium-term debt management
programs.
4. To annually analyze the list of national
debts and the list of government debts according to the foreign debt
indicators; and to compare them with the safety thresholds of foreign debts
promulgated by the Prime Minister, and report them to the Government in the
first quarter of the subsequent year.
5. To biennually analyze the sustainability of
debts; to propose measures to adjust policies on medium- and long-term foreign
borrowings, thus ensuring the debt safety, and report them to the Government
before the end of June of the subsequent year.
6. To annually assume the prime responsibility
for, and coordinate with the State Bank of Vietnam and the Planning and
Investment Ministry in, formulating, synthesizing and submitting to the Prime
Minister for approval and administration limits of foreign commercial loans
defined in Article 9 of this Regulation, ensuring the debt safety; to supply
relevant information to the State Bank of Vietnam for formulation of limits of
commercial loans specified at Point c, Clause 2, Article 9 of this Regulation.
7. To assume, on an annual basis or upon
occurrence of an unexpected fluctuation in the foreign debt status, the prime
responsibility for, and coordinate with the Planning and Investment Ministry
and the concerned agencies in, proposing necessary measures to adjust the
borrowing policy and the list of foreign debts; to keep debt indicators within
safety limits; to minimize risks and costs for the state budget and the whole
economy.
8. To coordinate with the State Bank of Vietnam
and other concerned agencies in conducting periodical or extraordinary
investigations, when necessary, into the foreign debt status of enterprises.
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10. To make public general foreign debt
indicators according to the regulation on information supply.
Article 11.-
Responsibilities of the State Bank of Vietnam
1. To periodically supply to the Finance
Ministry figures and information with contents and in a frequency specified in
Appendix II to this Regulation.
2. To assume the prime responsibility for
formulating and submitting to the Prime Minister (through the Finance Ministry)
for approval limits of short-term loans of the whole economy; and limits of foreign
commercial loans of enterprises of the public sector as defined at Points a and
c, Clause 2, Article 9 of this Regulation.
3. To assume the prime responsibility for, and
coordinate with the Finance Ministry in, administering the limit of annual
foreign commercial loans of enterprises and organizations already approved by
the Prime Minister.
4. To conduct constant and regular supervision
of enterprises' foreign borrowing activities on the basis of reports from the
system of commercial banks and the system of its branches in provinces and
centrally run cities.
5. To biannually assess debt indicators of
enterprises according to the provisions of Article 7 of this Regulation, then
notify them to the Finance Ministry for subsequent reporting to the Prime Minister.
6. To guide its attached units and commercial
banks in reporting and supplying information in service of debt assessment and
supervision under this Regulation.
7. To assume the prime responsibility for, and
coordinate with the Finance Ministry and other concerned agencies in,
conducting periodical or extraordinary investigations, when necessary, into the
foreign debt status of enterprises.
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1. To periodically supply to the Finance
Ministry relevant figures and information with contents and in a frequency
specified in Appendix III to this Regulation.
2. To coordinate with the Finance Ministry in
studying, formulating and submitting the debt safety thresholds to the Prime
Minister for promulgation in each period.
3. To coordinate with the State Bank of Vietnam
and the Finance Ministry in regularly and constantly supervising the borrowing
and use of foreign loans by all subjects involved in those activities.
Article 13.-
Responsibilities of other concerned agencies
1. The Planning and Investment Ministry, the
General Office of Statistics, the Trade Ministry and other concerned agencies
shall coordinate with one another in periodically supplying information and
figures to the Finance Ministry as specified in Appendix II to this Regulation,
or other information and figures as requested by the Finance Ministry to
satisfy requirements of the analysis and assessment of the foreign debt status.
2. Information and figures must be supplied in a
sufficient, accurate and timely manner and according to competence.
Information-supplying agencies are answerable to the Prime Minister for the
contents of information and figures supplied to the agency responsible for debt
assessment and supervision.
Article 14.-
Responsibilities of enterprises and economic organizations
1. Enterprises and economic organizations that
borrow foreign loans shall comply with the provisions of the Regulation on management
of foreign loans and payment of foreign debts of the Government, regulations on
registration of loans; observe the regime of reporting on foreign debts to the
State Bank of Vietnam according to the current regulations; take initiative in
organizing the management of debts and control of risks; contribute to
stabilizing the common economy; and create conditions for agencies in charge of
debt management to inquire into information on and actual situation of debts of
enterprises when necessary.
2. Commercial banks shall report and supply
information to the State Bank of Vietnam and the Finance Ministry according to
this Regulation and other current provisions of law.
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Article 15.-
Implementation provisions
Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, and presidents of provincial/municipal
People's Committees shall organize the implementation of this Regulation and
promptly report problems (if any) to the Finance Ministry for subsequent
reporting to the Prime Minister for decision on appropriate supplements and
amendments.
APPENDIX I
SAFETY THRESHOLDS OF NATIONAL FOREIGN DEBTS FOR THE
2007-2010 PERIOD
(Promulgated together with the Prime Minister’s Decision No. 231/2006/QD-TTg
of October 16, 2006)
Indicator
Correlation
Safety
Threshold (%)
Present value of foreign debts
against GDP (PV FD/GDP)
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45
Present value of foreign debts
against export value of goods and services (PV FD/EX) (On the condition that
the export value of goods and services makes up for at most 20-25% of GDP.
When the ratio of the export value of goods and services to the GDP is higher
than that level, that ratio should be considered in a close relation with PV
FD/GR ratio)
Not
exceeding
200
Present value of foreign debts
against gross revenues (PV FD/GR)
Not
exceeding
200
Annual debt service against
export value of goods and services (DS/EX)
Not
exceeding
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Annual debt service against
gross revenues (DS/GR)
Not
exceeding
30
Foreign reserves against total
short-term foreign debts (FR/STD)
Not
under
200
APPENDIX II
LIST OF INDICES SUPPLIED BY THE STATE BANK OF
VIETNAM TO THE FINANCE MINISTRY
(Promulgated together with the Prime Minister’s Decision No. 231/2006/QD-TTg
of October 16, 2006)
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Supply
frequency
Delay
Actual
figures
Projected
figures
Short-term foreign debts
(period-beginning balance and overdue debts; in-period withdrawn capital and paid
debts; period-end balance and overdue debts – in USD)
Quarterly
Quarterly
1 month after reporting date
Medium/long-term debts of
enterprises (new loans; period-beginning debit balance and overdue debts; in-period
withdrawn capital, paid debt principals and interests, and overdue debts;
period-end balance and overdue debts – in USD). These debts are classified by
state enterprises and other enterprises
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Quarterly
2 months after reporting date
Average loan term in each period
(years)
Quarterly
Quarterly
1 month after reporting date
Foreign reserves (in USD)
Annual
Annual
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Payment balance (in VND and USD)
Quarterly
Quarterly
2 months after reporting date
Exchange rate (between VND and
major freely convertible currencies)
Quarterly
Quarterly
1 month after reporting date
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LIST OF INDICES SUPPLIED BY MINISTRIES OR
MINISTERIAL-LEVEL AGENCIES TO THE FINANCE MINISTRY
(Promulgated together with the Prime Minister’s Decision No. 231/2006/QD-TTg
of October 16, 2006)
Supplier
Indicator
Supply
frequency
Delay
Actual
figures
Projected
figures
General Office of Statistics
National account figures: - GDP:
real prices, comparative prices (in VND and USD)
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(Not applicable)
One month after reporting date
- GDP growth rate (%)
- GDP deflation rate (%)
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- Consumer price indexes;
- Export value of goods and
services (USD); growth rate of export value of goods and services (%)
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Planning and Investment Ministry
Annual pledged ODA (in USD)
Annual
Annual
One month after annual CG
conferences
Finance Ministry
State budget revenues,
expenditures and deficit (in VND and USD)
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Quarterly
One month after reporting date
Trade Ministry
Forecast growth rate of export
value of goods and services (%)
Quarterly
One month after reporting date