MINISTER OF
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 182/2003/QD-TTg
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Hanoi, September
05, 2003
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DECISION
ON THE ISSUANCE OF GOVERNMENT
BONDS FOR INVESTMENT IN SOME IMPORTANT TRAFFIC AND IRRIGATION WORKS OF THE
COUNTRY
THE PRIME MINISTER
Pursuant to the Law
on Organization of the Government of December 25, 2001;
Pursuant to Resolution No. 414/2003/NQ-UBTVQH11 of August 29, 2003 of the
National Assembly Standing Committee on the issuance of Government bonds for
the construction of a number of important traffic and irrigation works of the
country;
Pursuant to the Government's Decree No. 01/2000/ND-CP of January 13, 2000
promulgating the Regulation on the issuance of Government bonds;
At the proposal of the Minister of Finance,
DECIDES:
Article 1.- To
issue Government bonds aiming to mobilize investment capital in Vietnam dong
and foreign currencies for investment in some important traffic and irrigation
works of the country as defined in the List of works funded by the source of
capital obtained through the issuance of Government bonds in the 2003-2010
period.
Article 2.-
1. The total level of
Government bonds to be issued in the 2003-2010 period shall be about VND 63,000
billion; of which the annual levels of bonds issued in foreign currencies shall
be assigned to the Minister of Finance for specific decision on the basis of
the financial-monetary market situation.
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2. The annual issuance
levels and issuance time shall depend on the capital demands (including the
capital demand for repayment of the Government bonds' principals according to
the provisions in Article 6 of this Decision) and the implementation tempo of
works.
3. The total loans
from Government bonds shall be concentrated at the State Treasury for use for
works and disbursement according to their implementation tempo. The source of
capital obtained through the issuance of Government bonds must not be used to
repay the State budget capital already allocated to the works till the end of
2003.
4. The
foreign-currency amounts obtained through the issuance of foreign-currency
bonds, after deducting direct spending items in foreign currencies, shall be
sold to the State Bank in order to increase the State's foreign exchange
reserves; the Vietnam dong amounts paid by the State Bank shall be transferred
to the State Treasury.
Article 3.-
Buyers of Government bonds include Vietnamese organizations and citizens;
overseas Vietnamese; foreigners working and residing in Vietnam; and foreign
organizations operating in the Vietnamese territory.
Vietnamese
organizations must not purchase Government bonds with the State budget sources.
Article 4.-
The Government bond owners shall have the following rights and enjoy the
following privileges:
1. To be guaranteed by
the Government on the full and timely repayment of the bonds' principals and
interests in the currencies in which such bonds are purchased.
2. To transfer,
donate, bequeath or pledge their bonds in credit relations; the Vietnam dong
bonds may be listed and traded in the securities market.
3. Bond owners being
individuals, apart from the rights defined in Clauses 1 and 2 above, shall be
exempt from personal income tax on the income amounts earned from Government
bonds and may custody their bonds at the State Treasury system free-of-charge.
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Article 5.-
1. Bonds shall be
issued by the Ministry of Finance with the term of 05 years or 10 years. In
case of necessity, the Minister of Finance shall decide on the additional
issuance of bonds with shorter or longer terms.
2. Bonds shall be
issued in the form of book-entries or certificates; registered or bearer.
3. Par value of
Government bonds are prescribed as follows:
a/ For bonds issued
and repaid in Vietnam dong, the minimum par value shall be VND 100,000; other
par values shall be the multiples of VND 100,000, to be specified by the
Minister of Finance;
b/ For bonds issued
and repaid in foreign currencies, the Minister of Finance shall provide
specific regulations for each issuance drive.
4. Vietnam dong bonds
shall be issued in the forms of retail via the State Treasury system, bidding
via the concentrated securities trading market, issuance agents or issuance
underwriters, and be listed and traded in the Securities Trading Center.
5. Foreign-currency
bonds shall be issued in the form of retail via the State Treasury system or
bidding via the banking system.
6. The interest rates
of bonds issued in the form of bidding shall be the interest rates formed
through the bidding results. The interest rates of bonds issued in the forms of
retail via the State Treasury system, issuance agents or issuance underwriters
shall be decided by the Minister of Finance on the basis of consulting with the
State Bank and referring the market interest rates.
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Article 6.-
1. The Government
bonds' principals shall be repaid in lump-sum upon their maturity while the
interests shall be repaid annually via the State Treasury system or authorized
repayment agents.
2. The sources for
repayment of the Government bonds' interests as well as payment of expenses for
the issuance and repayment thereof shall be apportioned within the annual State
budget estimates. The sources for repayment of the mature bonds' principals
shall be partly allocated from the source obtained through the next issuance of
Government bonds or apportioned partly in the annual State budget estimates
according to the Prime Minister's decisions.
Article 7.-
Responsibilities of the concerned ministries and agencies shall be prescribed
as follows:
1. The Ministry of
Finance:
- To decide on the
issuance modes and forms, the terms, the issuance levels and issuance time and
organize the issuance of Government bonds in accordance with plans and
implementation tempo of works already approved by the Prime Minister;
- To effect the
accounting and settlement of the capital sources mobilized from Government
bonds as well as the use thereof; to organize the management, allocation,
payment and settlement of investment capital of works in strict accordance with
law provisions;
- To allocate the
State budget source for the repayment of the Government bonds' principals and
interests according to the provisions in Article 6 of this Decision.
- Annually, to report
to the Prime Minister on the mobilization, allocation and payment of investment
capital to works;
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2. The State Bank:
- To coordinate with
the Ministry of Finance in organizing the bidding of Government bonds via the
banking system;
- To coordinate with
the Ministry of Finance in calculating the interest rates and macro-balances
regarding currencies and exchange rates;
- To direct credit
institutions to participate in the purchase of foreign currency bonds;
- To re-purchase the
foreign currency amounts obtained through the issuance of foreign currency
bonds to increase the State's foreign exchange reserves and sell foreign
currencies to the Ministry of Finance for repayment of the principals and
interests of foreign currency bonds upon their maturity.
3. The Ministry of
Planning and Investment:
- To coordinate with
the Ministry of Finance in apportioning investment capital according to
implementation tempo of works so as to determine the annual issuance demand; to
calculate and synthesize macro balances in order to ensure the national
financial safety;
- To coordinate with
the Ministry of Finance in apportioning and allocating the State budget sources
for repayment of the Government bonds' principals and interests as well as
expenses for the issuance thereof according to the provisions in Article 6 of
this Decision.
- To report regularly
or irregularly to the Prime Minister on situation of investment in works;
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4. The State
Securities Commission shall coordinate with the Ministry of Finance in
organizing the bidding of Government bonds via the concentrated securities
market.
5. The Ministry of Culture
and Information shall coordinate with the Ministry of Finance, concerned
ministries and branches, and the provincial/municipal People's Committees in
organizing the propagation of the purposes and significance of the Government
bond issuance for people of all strata to know and actively participate
therein.
6. The ministries, the
ministerial-level agencies, the agencies attached to the Government and the
People's Committees at various levels shall, within the scope of their tasks
and powers, have to coordinate with Vietnam Fatherland Front of various levels
in organizing, propagating and mobilizing people of all strata to take part in
the purchase of Government bonds.
7. The ministries and
branches tasked to make investments in the country's important traffic and
irrigation works with the sources of the Government bond capital shall have to
concentrate efforts on directing and organizing the implementation thereof in
an urgent and definite manner, ensuring quality and strict compliance with the
prescribed regimes, thus putting the works into efficient use soon; absolutely
not to let loss, wastefulness and negative phenomena occur.
Article 8.-
This Decision takes effect 15 days after its publication in the Official
Gazette.
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the provincial/municipal People's
Committees shall have to implement this Decision.
PRIME MINISTER
Phan Van Khai
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