THE MINISTRY OF FINANCE
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No:
72/1999/QD-BTC
|
Hanoi, July 9, 1999
|
DECISION
PROMULGATING THE REGULATION ON THE SETTING
UP, USE AND MANAGEMENT OF THE ACCUMULATION FUND FOR FOREIGN DEBT REPAYMENT
THE MINISTER OF FINANCE
Pursuant to the Government’s Decree No.15/CP
of March 2, 1999 stipulating the tasks, powers and State management
responsibilities of the ministries and ministerial-level agencies,
Pursuant to the Government’s Decree No.178/CP of October 28, 1994 on the tasks
and organizational structure of the Ministry of Finance,
Pursuant to the Government’s Decree No.90/CP of November 7, 1998 promulgating
the Regulation on the management of borrowing of foreign loans and repayment of
foreign debts, and the approval of the draft Regulation on the accumulation
fund for foreign debt repayment in Official Dispatch No.621/CP-QHQT of June 15,
1999,
At the proposals of the Director of the External Finance Department, the
Director of the State Budget Department and the General Director of the General
Department of Investment and Development,
DECIDES:
Article
1.- To promulgate together with this Decision the Regulation on the
setting up, use and management of the accumulation fund for foreign debt
repayment.
Article 2.- This Decision takes effect 15 days after its
signing. The previous stipulations of the Ministry of Finance which are
contrary to this Decision are now annulled.
Article 3.- The Director of the External Finance Department,
the Director of the State Budget Department, the General Director of the
General Department of Investment and Development and the heads of the concerned
agencies and units shall have to guide and implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
MINISTER OF FINANCE
Nguyen Sinh Hung
THE REGULATION
ON THE SETTING UP, USE AND MANAGEMENT OF THE
ACCUMULATION FUND FOR FOREIGN DEBT REPAYMENT
(Issued together with the Minister
of Finances Decision No.72/1999/QD of July 9, 1999)
Chapter
I
GENERAL PROVISIONS
Article
1.- The accumulation fund for foreign debt repayment (hereafter
referred to as the accumulation fund) is set up to concentrate the recovered
domestic capital amounts sublent from the Government’s foreign
loans/aids and the governmental guarantee fee amounts, in order to secure the
repayment of the Government’s foreign loans, and at the
same time create a source for offsetting risks that may occur in cases where
the Government guarantees the borrowing of foreign loans by enterprises and
credit institutions.
Article 2.- The accumulation fund shall be entitled to open
foreign currency and Vietnamese currency accounts at the Bank for Foreign Trade
of Vietnam.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter II
SPECIFIC PROVISIONS
Article
3.- Sources formulating the accumulation fund:
1. The recovered sublent capital amounts,
including:
- The principals and interests of amounts
sub-lent from the Government’s foreign loans and aids
(after substracting the sub-lending service charge) collected upon terms
stipulated in sub-lending contracts or sub-agreements.
- The borrowing fees that must be paid to
foreign countries (commitment fee, management fee,...) in cases where the State
budget pays such fees to foreign countries under loan agreements.
2. The collected guarantee fee amounts and
recovered debt amounts according to the Regulation on the governmental
guarantee for foreign loans borrowings by enterprises and credit institutions.
3. The deposit interests and other proceeds from
the use of the accumulation fund’s idle capital.
4. Other revenue sources as defined by the
Government.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Basing itself on the written guarantee
commitment, the agency providing the governmental guarantee shall request the
guaranteed to remit guarantee fee directly into the accounts opened by the
accumulation fund at the Bank for Foreign Trade of Vietnam.
On the basis of the sublending agreement or
contract, the sub-borrower shall remit recovered sublent capital amounts into
the accounts of the sub-lending agency. Basing itself on the term for
repayments to the State budget under the authorization contract already signed
with the Ministry of Finance, the sub-lending agency shall proceed with the
procedures for repayments to the State budget into the accounts opened by the
accumulation fund at the Bank for Foreign Trade of Vietnam, and at the same
time proceed with the procedures for reducing sub-lending sources received from
the State budget.
The sub-lending agencies and guarantee-providing
agencies shall gather vouchers of remittances to the accumulation fund with
certifications of the banks where such remittances are made, for the purpose of
accounting the State budget collection and remittance. The copies of the
above-said remittance vouchers shall be sent by the sub-lending or
guarantee-providing agencies to the Ministry of Finance (the External Finance
Department) for monitoring and accounting the collection and remittance.
Other revenues (if any) shall be remitted into
the accumulation fund under the Ministry of Finance’s guidance.
Article 5.- The accumulation fund expenditures shall be made
as follows:
The External Finance Department shall effect the
repayment of the Government’s foreign loans (including
loans borrowed for subsequent allocation and those borrowed for sub-lending)
according to the current regulations, and at the same time have to separate the
part of repayment of loans borrowed for sub-lending.
The External Finance Department shall sum up the
repayments of loans borrowed for sub-lending arising in each month by the 5th
day of the following month at the latest, and on such basis make vouchers of
the accumulation fund’s expenditures as repayments
to the State budget at the budget accounting exchange rate between Vietnam dong
and a foreign currency on the day such repayments are made.
In cases where the repayments are made for
projects with foreign loans guaranteed by the Government, the accumulation fund
expenditures shall be effected the same way.
Article 6.- Drawing up plans for the accumulation fund
revenues and expenditures
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The External Finance Department shall base
itself on the international agreements and the Government’s
or the State’s commitments to determine the annual plans for
foreign debt repayment from the Central Budget, in which the obligation to
repay the loans borrowed for sub-lending shall be separated, so as to sum up
the plans for the accumulation fund expenditures.
The annual plans for the accumulation fund
expenditures shall be incorporated in the estimate of State budget revenues
from the accumulation fund. The difference between the accumulation fund’s
revenues and expenditures shall be used according to the Minister of Finance’s
regulations.
Article 7.- Opening and management of the accumulation fund’s
accounts
The External Finance Department shall carry out
the procedures for opening the accumulation fund’s deposit
accounts at the Bank for Foreign Trade of Vietnam in VND and USD (in cases
where amounts in other foreign currencies arise, the Bank for Foreign Trade
shall automatically open more accounts therefor) for monitoring the following
sources of revenue:
- Recovery of sub-lent loans (including
principals, interests and overseas fees),
- Collected governmental guarantee fee.
- Other revenues.
Interests arising on the accumulation fund’s
deposit accounts shall be principalized and accounted into the account as
"other revenues".
The Bank for Foreign Trade of Vietnam shall
account the operations arising on the accounts related to the accumulation fund’s
revenues and expenditures, and send a sum-up report each month to the Ministry
of Finance on the total revenue and expenditure amounts in the month, as well
as the interests arising on the deposit accounts and detailed balance thereof.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 8.- The difference between the accumulation fund’s
annual revenues and expenditures may be used for the following purposes under
the Minister of Finance’s decisions:
- Providing temporary loans to the State budget
for its extraordinary expenditures with the minimum interest rate, so as to
preserve the capital source for debt repayment.
- Providing term loans to the Development
Support Fund.
- Purchasing foreign-currency bonds of the
commercial banks.
Chapter III
THE RESPONSIBILITIES OF THE
CONCERNED AGENCIES AND UNITS IN THE SETTING UP, USE AND MANAGEMENT OF THE
ACCUMULATION FUND
Article
9.- The External Finance Department shall have to:
- Notify the concerned units of the serial
numbers of the accumulation fund’s accounts opened at the Bank
for Foreign Trade of Vietnam.
- Sum up and draw up annual plans on the
accumulation fund’s revenues and expenditures.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Determine the temporarily idle capital of the
accumulation fund which may be used in each period, and coordinate with the
concerned departments and bureaus in working out the plans on the use thereof
then submit them to the Minister of Finance for decision.
- Account the accumulation fund, regularly
making the comparison of the accumulation fund’s revenue
amounts with the sub-lending agencies and the governmental guarantee providing
agencies, and monitoring the recovery of the accumulation fund’s
amounts already lent or used for purchase of foreign-currency bonds.
- Guide and urge the units and organizations
provided with the governmental guarantee for their foreign capital borrowings
to pay guarantee fee into the accumulation fund.
- Monthly report to the Minister of Finance on
the fund remainder, and annually make reports on the settlement of the use of
the accumulation fund.
Article 10.- The State Budget Department shall have to:
- Coordinate with the External Finance
Department in proposing the plans for use of the temporarily idle capital
amounts of the accumulation fund in each period to the Minister of Finance for
decision.
- Conduct the State budget revenue-accounting of
repayments to the State budget from the accumulation fund on the basis of the
accumulation fund’s expenditure orders issued by
the External Finance Department. Regularly compare the State budget
expenditures for repayment of debts for sub-borrowing projects or projects
guaranteed by the Government, with the revenues repaid by the accumulation
fund.
Article 11.- The sub-lending agencies shall have to:
- Quarterly and annually notify the External
Finance Department of the plans for recovery of debts from projects they are
authorized to make the sub-lendings to.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Guide and urge the units and organizations
that use the Government’s sub-lent loans to repay such
sub-lent loans fully and on time according to the provisions of the sub-lending
sub-agreements or contracts.
- The commercial banks authorized by the
Ministry of Finance to recover debts from the project owners and repay them
directly to the foreign countries shall, after each debt repayment period, have
to promptly notify the Ministry of Finance (the External Finance Department)
thereof, so that the latter can carry out the procedures for debiting the
accumulation fund and at the same time crediting and debiting the State budget.
Article 12.- The governmental guarantee providing agencies
shall have to guide and urge the enterprises and credit institutions guaranteed
by the Government for their capital borrowings to pay fully and on time the
guarantee fee as well as recovered debt amounts (if any) to the accumulation
fund.
Chapter IV
IMPLEMENTATION PROVISIONS
Article
13.- The Departments, General Departments and concerned units under
and attached to the Ministry of Finance shall have to abide by and guide the
units and organizations which are sublent or guaranteed by the Government to
strictly abide by the provisions of this Regulation. Any problems arising in
the course of implementation shall be promptly reported by the concerned
agencies, units and organizations to the Ministry of Finance for amendments and
supplements suitable to the actual situation, in order to ensure that the
accumulation fund is used efficiently and for the right purposes.
MINISTER OF FINANCE
Nguyen Sinh Hung
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.