THE PRIME MINISTER OF
GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 95/1998/QD-TTg
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Hanoi, May 18, 1998
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DECISION
ON HANDLING THE SECOND-PHASE DEBT SETTLEMENT
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposal of the Central Steering Board for General Debt Settlement,
DECIDES:
A. GENERAL PROVISIONS:
Article 1.- Creditors
and debtors, whose debts have been declared and certified or have been compared
for certification in accordance with the stipulations of the Steering Board for
General Debt Settlement are subject to the implementation of this Decision.
Article 2.- Directors of
enterprises having debts to be recovered shall have to seek ways and means to
recover such debts.
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Article 4.-
Organizations and/or individuals that have provided guaranty for enterprises to
borrow capital or buy materials and goods on credit shall have to pay debts for
them, if the latter are unable to pay their debts. Enterprises having their
debts discharged shall have to acknowledge and pay them to the guaranteeing
organizations or individuals.
B. DETAILED PROVISIONS:
I. DEBTS TO THE STATE BUDGET
Article 5.- Debts owed
to the State budget by operating State enterprises shall be classified and
dealt with as follows:
1. Debts being the capital depreciation money
which should have been remitted into budget as prescribed but was not actually
remitted:
- If an enterprise has used the capital
depreciation money for investment in capital construction, this sum shall be
credited as budget revenue from the capital depreciation and debited as budget
allocation to the enterprise for investment in capital construction; such
enterprise shall have to acknowledge as having received capital from the State
and remit the proceeds from the use of such capital in accordance with the
current regulations;
- If an enterprise has used the capital
depreciation money to supplement its working capital, this sum shall be
credited as budget revenue from the capital depreciation and debited as
allocation of working capital to the enterprise; the enterprise shall have to
acknowledge as having received capital from the State and remit the proceeds
from the use of this capital in accordance with the current regulations.
2. Debts related to payable taxes, price
differences and profits:
If an enterprise has used taxes, price
differences and profits payable to budget for investment in capital
construction, such sums shall be credited as budget revenue from payable taxes,
price differences and profits and debited as budget allocation to enterprise to
invest in capital construction; the enterprise shall have to acknowledge as
having received capital from the State and remit the proceeds from the use of
this capital in accordance with the current regulations.
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4. In cases where a State enterprise is assigned
to sell import goods under the Government's protocol but has not yet collected
the money or not yet fully remitted the money to the budget, it shall be
handled as follows:
- If the enterprise has used the sale money for
investment in capital construction or procurement of immovables, the sum shall
be credited as budget revenue from the sale of goods according to the protocol
and debited as capital allocation to the enterprise for investment in capital
construction; the enterprise shall have to acknowledge as having received
capital from the State and remit the money gained from the use of this capital
in accordance with the current regulations;
- If the enterprise has used the goods sale
money to supplement its working capital, the sum shall be credited as budget
revenue and debited as working capital allocation to the enterprise; the
enterprise shall have to acknowledge as having received capital from the State
and remit the money gained from the use of such capital in accordance with the
current regulations;
- In cases where the enterprise has sold goods
but not yet collected the money therefrom, after thoroughly considering the
regulations provided for at that time and if the enterprise is not at fault,
the debt-settlement board of the province or city directly under the Central
Government or the economic branch-managing ministry shall report to the Central
Steering Board for General Debt Settlement and the Ministry of Finance so that
the latter submit to the Prime Minister for consideration and debt cancellation
on a case-by-case basis.
- In cases where the goods imported according to
a protocol fail to meet the market's requirements, thus forcing the price cut
from the selling prices registered with the State, such enterprise shall be
allowed to pay its debt with the actually collected sum of money and the
outstanding sum shall be written off.
5. With regard to the enterprise's borrowings
from the State budget, it shall have to pay debts to the State budget, and if
being unable to pay the debts, the enterprise shall have to report it to the
Ministry of Finance for solution.
6. For capital constructions projects mentioned
in Points 1, 2 and 4 of this Article, when they are dealt with, there must be a
report on the asset inventory and the account settlement shall be conducted in
accordance with the regulations of the State.
Article 6.- Debts owed
by the State budget to operating State enterprises shall be classified and
dealt with as follows:
1. Any amount of budget subsidy or additional
allocation according to the prescribed regime, which have not yet been
allocated, must be paid to the enterprise by the budget level owing that sum
from the source it has to find. If it is unable to find a source, such budget
level shall report to the Ministry of Finance for consideration and settlement.
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3. With regard to the debts arising due to the
late repayment to the enterprise of the investment in the capital construction,
which has already been completed, and/or in the property that has been put into
use:
- If the investment lies in the plan assigned to
the enterprise by the State but the repayment thereof has not been made, the
debts shall be paid with the capital depreciation money and/or investment
development fund; if not enough, the deficit shall be offset to the enterprise
by the budget;
- If it is outside the State's plan and such
property has been used by the enterprise, such enterprise shall have to use the
money from the capital depreciation of the already used property and/or
investment development fund to make the payment. In case of a deficit, the
enterprise shall get support from the budget for debt payment. The enterprise
shall have to acknowledge the budget support amount as State capital allocated
to it and remit money gained from the use of this capital in accordance with
the current regulations;
For some cases where the investment is deemed
necessary and reasonable but the enterprise is at present insolvent, the
provincial/municipal debt- settlement board (for locally-run enterprises), the
ministers and the heads of the ministerial-level agencies (for centrally-run
enterprises) shall report to the Steering Board for General Debt Settlement and
the Ministry of Finance for further report to the Prime Minister for
consideration and allocation of budget capital on a case-by-case basis.
4. With regard to the debts to be paid by the
local budget, when transferring the enterprise's property to non-business
units, the State management agencies in the locality and the local
administration shall have to channel budget capital to pay debts to such
enterprise.
II. BANK-RELATED DEBTS
Article 7.- With regard
to the debts already put into the debt payment network by banks:
To allow the cancellation of the outstanding
debts of State enterprises, enterprises of mass organizations which have
dissolved or ceased operation for dissolution, disintegrated cooperatives
and/or individual borrowers who have died or have been missing, after the
confiscation of all their assets (if any); and the debts of enterprises,
production households, that have been frozen by decisions of the Government.
The foreign debts shall be offset as follows:
1. To use sources of capital borrowed by
commercial banks from the State Bank to write off debts.
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- The risk reserve fund (if any);
- The gradual inclusion into the annual expenses
of commercial bank(s);
- Deducting part of the profits to be remitted
to the State budget according to the annual plan.
If such offsetting sources are not enough, the
State Bank shall discuss with the Ministry of Finance before reporting it to
the Prime Minister for solution.
Article 8.- If the
amounts of interest on debt loans from banks, which have been already put into
the banks' debt payment networks and being followed up in the off-balance-sheet
account, have been checked and certified by the debt-settlement boards of
different levels, they shall be written off for the enterprise.
Article 9.- Operating
State enterprises (category 10) that owe bank-loan debts already put into the
debt payment network but suffer from business losses should be classified into
two following categories:
1. Enterprises that suffer from perpetual and
irretrievable losses and should terminate their operations according to the Law
on Bankruptcy of Enterprises, for which the discharge of debts shall comply
with the Law on Bankruptcy of Enterprises.
2. Enterprises that have re-organized production
and tend towards development for which the debts shall be dealt with as
follows:
- For enterprises owing loan debts to commercial
banks, that have already frozen, such loan debts shall be transformed into
State budget capital allocations within the debt balance of commercial banks at
the State Bank at the time of handling;
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Sources to make up for the commercial banks'
capital deficit brought about by debts that have been turned into capital
allocations to enterprises shall be dealt with according to the provisions of
Article 7 of this Decision.
3. With regard to enterprises owing debts to
commercial banks due to subjective causes, liabilities of individuals and/or
organizations must be clearly determined for handling according to law.
Article 10.- With
regard to the debts of the local financial agencies that have borrowed from the
State Bank or commercial banks under the direction of the Ministry of Finance,
for the payment of wages and social insurance, they shall be deducted from the
commercial banks' amounts payable to the State budget.
Article 11.- With
regard to the debts arising from the commercial banks' loans which have already
been put into the debt payment networks but not yet been settled due to the
banks' subjective causes, the persons who have caused consequences shall be
dealt with according to law. The unrecoverable debts shall be gradually
deducted from the after-tax profits of the related commercial banks.
Article 12.-
Bank-guaranteed debts:
1. With regard to the debts guaranteed by
commercial banks for enterprises to borrow capital, if the guaranteed
enterprises are insolvent, the guaranteeing banks shall have to pay such debts
instead.
2. For the debts guaranteed by commercial banks
for enterprises to borrow capital under the Government's policies, and already
paid by the banks instead, the amounts of debt paid by the banks shall be
offset as stipulated in Point 2, Article 7 of this Decision.
3. For the debts which are the Vietnam Bank for
Foreign Trade's foreign borrowings for enterprises or guaranteed to be paid to
foreign party(ies) within a period of time set by the State, and which cannot
be paid by the involved enterprises now, the State Bank and the Ministry of
Finance shall sum up them and report it to the Prime Minister for consideration
and decision.
III. DEBTS TO THE NATIONAL RESERVES
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Article 14.- For the
debts in paddy owed to the national reserves, which must be recompensed by
decisions of the law enforcement agencies (courts, economic arbitration), the
judgment enforcing agencies shall have to apply coercive measures to recover
them. In cases where the debtors have no assets for the execution of judgments,
which is certified by the judgment enforcing agencies, the debts shall be
forgiven.
Article 15.- For the
debts in paddy owed to the national reserves by units which have terminated
their operations, been dissolved or bankrupt, if such is certified by the
agencies that have decided the establishment of the involved units, the debts
shall be written off.
Article 16.- For the
debts in paddy or in advances for the purchase of national reserve paddy, if
the debtors have been arrested or have escaped, the debts shall be transferred
to the concerned People's Committees of the provinces or cities directly under
the Central Government for dealing with according to law.
Article 17.- To allow
the cancellation of debts in paddy borrowed from the National Reserve Fund by
the People's Committees of the provinces and cities directly under the Central
Government following the 1989 storm and flood to support people and restore
public works.
Article 18.- With
regard to the debts owed by dead debtors, after the confiscation of all the
debtors' property, the remaining debts shall be written off.
Article 19.- The paddy
price to be used for the payment of debts to the National Reserve Fund shall be
the price for calculation of agricultural tax at the time of borrowing.
Article 20.- Debts of
the National Reserves shall be written off, transferred to the local
administration, or dealt with by reducing the amount of capital for the
National Reserves. The Ministry of Finance shall sum up the situation and issue
decision on the reduction of capital for the National Reserves.
IV. OTHER DEBTS OF OPERATING STATE ENTERPRISES
Article 21.- In cases
where an enterprise imports goods under the State's instructions for
distribution according to the State's plan but fails to collect money therefrom
for the payment of debts, the Ministry of Finance shall sum up the situation
and report to the Prime Minister for deciding the settlement so that the
enterprise can have funds for debt payment.
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Article 23.-
Enterprises that borrow capital and pays debts or purchase goods on credit by
themselves shall have to find by themselves fund for the payment of their debts
in accordance with law. In case of insolvency, such enterprises shall have to
report to the concerned President of the People's Committee of the provinces or
cities directly under the Central Government (if they are locally-run
enterprises); the concerned ministries or branches (if they are centrally-run enterprises)
for consideration and further report to the Ministry of Finance for summing up
the situation and reporting to the Prime Minister for solution.
Article 24.- In cases
where enterprises undertake the borrowing of foreign capital for the import of
goods under the State's instructions or the State's plans, if the difference
between the exchange rate at the time of borrowing capital for goods import and
that at the time of paying debts arises, thus making enterprises unable to pay
their debts, the Ministry of Finance shall examine and consider the allocation
of fund to make up for the exchange rate difference so that the enterprises can
have source to pay their debts.
Article 25.- If an
enterprise that borrows foreign capital with guaranty by a competent agency
fails to pay its debt, the guaranteeing agency shall have to pay such foreign
debt for the enterprise; if the guaranteeing agency is unable to pay the debt,
it shall have to report it to the Ministry of Finance which shall further
report to the Prime Minister for solution.
V. DEBTS OF OPERATING STATE ENTERPRISES RELATED
TO ENTERPRISES WHICH HAVE ALREADY CEASED OPERATION
Article 26.- In cases
where an operating enterprise has debts to be recovered and/or debts to be paid
but the objects from which the debts shall be received and/or to which the
debts shall be paid no longer exist, the debts shall be accounted for in the
enterprise's business results. If the amount of to-be-recovered debts is too
large and unrecoverable, the People's Committee of the province or city
directly under the Central Government, the branch-managing ministry shall
report it to the Ministry of Finance for sum-up and further report to the Prime
Minister for consideration and partial capital support so that the enterprise
can pay its debts and maintain its normal operation.
Article 27.- With
regard to State enterprises that have already ceased operation and/or dissolved
but have debts to be paid to foreign parties and to other State enterprises
that also owe foreign debts, the budget of the level to which an enterprise
belongs to shall have to arrange capital for such enterprise to pay its debts.
If the budget of the managing level cannot be balanced, such shall be reported
to the Ministry of Finance which shall make a sum-up and further report to the
Prime Minister for consideration and support.
Article 28.- With
regard to State enterprises that have re-organized their production but are
unable to pay their big debts, the People's Committee of the provinces or
cities directly under the Central Government or the branch- managing ministries
shall report the situation and propose financial handling measures to the
Ministry of Finance which shall further report it to the Prime Minister for
consideration and decision.
VI. DEBTS OF NON-BUSINESS UNITS DOING BUSINESS
FOR LIFE IMPROVEMENT
Article 29.-
Non-business units doing business for life improvement which are operating and
have debts to be paid shall have to pay their debts.
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VII. ORGANIZATION OF IMPLEMENTATION
Article 30.- Creditors,
debtors, guarantors and heirs shall have to discharge their debts in accordance
with this Decision. Agencies deciding or authorized to decide the establishment
of enterprises shall take responsibility before the Government for handling the
payment of debts.
In cases where the creditors and debtors fail to
reach agreement on debt payment and handling, the agencies that decide the
establishment of enterprises shall discuss the settlement with the agencies
managing the State's capital and property at enterprises or the financial
agencies.
The Presidents of the People's Committees of the
provinces and cities directly under the Central Government and the Ministry of
Finance, the State Bank of Vietnam and the branch managing ministries shall
provide direction and propose handling measures; problems shall be reported to
the Prime Minister for decision.
Article 31.- To
consolidate the debt-settlement boards of different levels which shall meet
regularly to consider and promptly handle the discharge of debts as prescribed.
The handling of debt payment must be decided collectively by the
debt-settlement boards.
The debt-settlement boards of different levels
shall consider a number of serious cases with criminal signs and propose the
competent agencies the prosecution and investigation.
Article 32.- The
ministers, the heads of the ministerial-level agencies, the heads of the agencies
attached to the Government, the presidents of the People's Committees of the
provinces and cities directly under the Central Government shall have to direct
creditors and debtors under their management responsibilities to promptly and
definitely settle the debt payment in the second phase in accordance with the
above regulations. Cases not provided for in this Decision shall be dealt with
in accordance with the current regulations.
Article 33.- This
Decision takes effect 15 days after its signing.
Article 34.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People's
Committees of the provinces and cities directly under the Central Government,
the Central Steering Board on the General Discharge of Debts and the
debt-settlement boards of different levels shall have to implement this
Decision.
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THE PRIME MINISTER OF
GOVERNMENT
PRIME MINISTER
Phan Van Khai