THE GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No:
86/1999/ND-CP
|
Hanoi, August 30, 1999
|
DECREE
ON THE MANAGEMENT OF STATE FOREIGN EXCHANGE
RESERVES
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the Vietnam State Bank Law No. 01/1997/QH10 of December 12, 1997;
At the proposal of the Vietnam State Bank Governor,
DECREES:
Chapter
I
GENERAL PROVISIONS
Article
1.- The State foreign exchange reserves are the assets under the
State ownership indicated in the sheet of currency balance of the State Bank.
The State Bank is the agency that manages the State foreign exchange reserves
with a view to implementing the national monetary policy, ensuring the international
payment capability and preserving the State foreign exchange reserves.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Foreign currencies in cash, foreign currency
credit balance on overseas deposit accounts;
2. Bills and acknowledgments of foreign debts in
foreign currency(ies);
3. Debt securities issued or guaranteed by the
Government, foreign banks, international monetary organization or banks;
4. International standard gold;
5. Other kinds of foreign exchanges.
Article 3.- The State foreign exchange reserves are
formulated from the following sources:
1. The existing foreign exchange under the State
ownership and the management by the State Bank;
2. Foreign exchange bought from the State budget
and from the domestic foreign currency and gold markets;
3. Foreign exchange from loans of foreign banks
and international financial organizations;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 4.- The State foreign exchange reserves are managed
according to the principles:
1. Preserving the reserves;
2. Ensuring the capability to be ready to make
payment and meet foreign exchange demands when necessary;
3. Generating profits through investment
operations prescribed in Article 7 and Article 16 of this Decree.
Article 5.- The State foreign exchange reserves may set up
two funds:
1. The foreign exchange reserves fund;
2. The exchange rate and gold price
stabilization fund.
Chapter II
MANAGEMENT OF FOREIGN
EXCHANGE RESERVES FUND
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Regulating the source of foreign exchanges
for the exchange rate and gold price stabilization fund when necessary;
2. Performing investment operations prescribed
in Article 7 of this Decree;
3. Making advances for the State budget to meet
the State’s unexpected and urgent foreign exchange demands
under the Prime Minister’s decisions.
Article 7.- The State Bank manages the foreign exchange
reserves fund through the following investment operations:
1. Depositing, buying and/or selling foreign
currency(ies) and gold overseas;
2. Buying, selling due bills and/or debit
securities in foreign currencies;
3. Other forms of foreign exchange transactions,
when permitted by the Prime Minister.
Article 8.- The State Bank Governor shall decide:
1. The foreign exchange reserves fund structure,
including:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Types of foreign currency and the ratios
among them;
c) The ratio between short-term, medium-term and
long-term investment.
2. Investment forms and terms.
3. The selection of partner organizations for
implementation of investment.
Article 9.- The foreign exchange reserve fund structure
shall be determined on the following basis:
1. The rates of foreign currencies used in
payment for Vietnam’s export and/or import of
goods and services;
2. The rates of foreign currencies borrowed from
and paid to foreign countries by Vietnam.
3. Forecasts on the fluctuation tendency of each
type of foreign currency and gold;
4. The rate of each type of foreign currency in
international reserves and international payment of countries in the world.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 11.- The due bills and debit securities in foreign
currencies of the foreign exchange reserves fund must be issued or guaranteed
by the Government, foreign banks, monetary organization or prestigious
international banks with high international prestige ratings.
Article 12.- Partner organizations selected for deposit of
foreign currencies and gold and/or entrusted investment must be organizations
with high international prestige ratings.
Chapter III
MANAGEMENT OF EXCHANGE RATE
AND GOLD PRICE STABILIZATION FUND
Article
13.- The exchange rate and gold price stabilization fund shall be
used in the following cases:
1. Intervening the domestic foreign currency
markets and gold markets;
2. Regulating the sources of foreign exchanges
for the foreign exchange reserves fund, when necessary;
3. Performing the investment operations as
prescribed in Article 16 of this Decree.
Article 14.- The foreign exchange level of the exchange rate
and gold price stabilization fund shall be decided by the Prime Minister. In
cases where the level of the exchange rate and gold price stabilization fund
fails to meet the intervention requirements, the State Bank Governor shall
report such to the Prime Minister asking for the latter’s
permission to transfer foreign exchange from the foreign exchange reserves fund
to the exchange rate and gold price stabilization fund.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The structure of the exchange rate and gold
price stabilization fund, including:
a) The rate of foreign currency and gold
reserves;
b) Types of foreign currency and the ratios
among them.
2. The intervention in the domestic foreign
currency and gold markets, when necessary, in order to achieve the objectives
of the monetary policy in each period, including:
a) The time of intervention;
b) Type of intervention foreign currency;
c) Intervention exchange rates and gold prices;
d) Volume of intervention foreign currencies and
gold;
e) Forms of intervention: prompt delivery, term
intervention, exchange and other forms of foreign exchange transaction;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Foreign exchanges shall be transferred from
the exchange rate and gold price stabilization fund to the foreign exchange
reserves fund in cases where the foreign exchange level in the exchange rate
and gold stabilization fund exceed the level already decided by the Prime
Minister.
Article 16.- Basing him-/herself on the demand for foreign
exchange from the exchange rate and gold price stabilization fund for
intervention in each period, the State Bank Governor shall decide the use of
the exchange rate and gold price stabilization fund for short-term investment
on domestic and international monetary markets according to the provisions in
Article 10, Article 11 and Article 12 of this Decree.
Chapter IV
ORGANIZING THE MANAGEMENT OF
STATE FOREIGN EXCHANGE RESERVES
Article
17.- The Prime Minister shall decide:
1. The annual estimates of the State foreign
exchange reserves level submitted by the State Bank Governor;
2. The advances from the foreign exchange
reserves fund to the State budget in order to meet the State�s
extraordinary and urgent demands submitted by the Minister of Finance;
3. The foreign exchange level of the exchange
rate and gold price stabilization fund;
4. The transfer of foreign exchange from the
foreign exchange reserves fund to the exchange rate and gold price
stabilization fund at the request of the State Bank Governor.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 19.- The Ministry of Finance shall have to:
1. Inspect the management of the State foreign
exchange reserves by the State Bank according to its assigned function and
tasks as well as the observance of the provisions of this Decree;
2. Submit to the Prime Minister for decision the
advances from the foreign exchange reserves fund for the State budget in order
to meet the State�s extraordinary and urgent
demands;
3. Use and refund amounts advanced from the
foreign exchange reserves fund by decisions of the Prime Minister.
Chapter V
REPORTING AND BOOK
ACCOUNTING
Article
20.- Annually or when necessary, the State Bank shall have to:
1. Report to the Prime Minister on the situation
of management of the State foreign exchange reserves; the situation of the
actual use of the State foreign exchange reserves. These reports shall also be
addressed to the Ministry of Finance;
2. Report to the Government and the National
Assembly Standing Committee on the situation of fluctuation of the State
foreign exchange reserves.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter VI
IMPLEMENTATION PROVISIONS
Article
22.-
1. This Decree takes effect 15 days after its
signing.
2. Decision No. 105/CT of April 10, 1994 of the
Chairman of the Council of Ministers on the establishment of the foreign
currency regulation fund cease to be effective.
Article 23.- The State Bank Governor and the Finance
Minister shall have to organize the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.