DECREE

V. The management of the loan, the foreign debt of the business.

No! - The government says Oh.

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The Law base. I Ch. I'm The government on December 25, 2001;

Vietnam State Bank Law Base June 16, 2010;

The Law base. - It was held on June 16, 2010.

The Law base. Q Public debt on June 17, 2009;

The Law base. D It was on November 29, 2005.

The Law base. Oh. It was announced on November 20, 2012.

The French base. l the strum N Oh! Stain. I'm Stain. 28 /2005/PL-UBTVQH1 1 December 13, 2005;

The French base. l Number. 06 /2013/UBTVQH13 March 18, 2013 amendment, add a s Stain. It's a foreign order. Stain. i;

At the request of the governor. Stain. c Bank of Vietnam ()

The government issued a decree on loan management, t r The foreign debt of the business was not covered by the Government. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree provides for the borrower operation, which pays off the foreign debt of the uninsured and the responsibility of the agencies in the management of the loan operation, paying off the foreign debt of the business not being covered by the Government.

2. The business is under the regulatory range of this Protocol (later called "The borrower Party") including:

a) The business is established and operates under the provisions of the Corporate Law;

b) The credit organization, the foreign bank branch is established and operates under the provisions of the Law of Credit Organizations;

c) Cooperated, the cooperative alliance was established and operated under the provisions of the Law of Co-operation.

What? 2. Subject applies

1. State management agencies participate in the management of the loan operation, paying off the foreign debt of the business not being held by the Government under the regulation at this Decree.

2. The borrower of foreign loan implementation is not covered by the Government.

3. The organizations, individuals who are involved in the borrower operation, pay off the foreign debt of the business are not covered by the Government.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Foreign borrower is the addition of the borrower receiving credit from the non-resident through the signing and implementation of foreign loan agreements in the form of a loan contract, the slow-paying contract purchase contract, the loan trust contract, the financial lease contract. It ' s a loan tool for the borrower ' s debt.

2. Foreign loans that are not covered by the Government (later called "foreign loans, self-paying") are the borrower of foreign loans in the form of self-borrower, which is responsible for paying off debt with foreign loans.

3. Foreign debt by the method of self-loan, self-paying (later called "foreign debt, self-paying") is the payout, including the original and interest that arise from the borrower of foreign loans, the self-payment of the borrower by the provisions of the Vietnamese law.

4. Limit foreign borrowing, self-paid by the Prime Minister's annual approval rating is a total ceiling of the total amount of net loans (the amount of loans that receive the original debt amount) of the year of foreign loans, self-paying, long-term, and long-term loans.

5. The credit organization is allowed to be credit organizations, the foreign bank branch in Vietnam which is active in business and the supply of foreign exchange services under the rule of law.

What? 4. Management Principles

1. The government that governs foreign borrowing, self-payment in the framework of the country's foreign debt management, guarantees safe debt within the limited-granted jurisdiction, ensuring national financial security and the macroeconomic balance of the economy.

2. On the borrower on the implementation of the loan, foreign debt must comply with the loan conditions, pay off foreign debt; implement the loan registration, open and use of the account, withdraw capital and transfer payment, report the situation carrying out the Bank ' s loan. Vietnam State. The State Bank of Vietnam confirmed the registration of the loan in the foreign trade loan quota issued by the Prime Minister annually.

The borrower foreign loans, the self-paying of the business in the form of international bond releases, release other debt instruments for the non-resident to comply with the regulation at this decree, the rule of law on international bond release, and the government. about foreign exchange management and other provisions of the relevant legislation.

3. Foreign loans on the borrower, self-paying in the form of slow-paid import must be consistent with foreign exchange management policy, trade policy, and other provisions of the relevant legislation.

4. The borrower is responsible for the former law on the signing and implementation of a self-loan foreign loan contract, self-payment. The government is not responsible for the implementation of the loan, paying off foreign debt, the self-payment of the Parties.

5. The loan administration policy, which pays foreign debt, pays itself in coordination with domestic credit management policy to ensure the goals of monetary policy, foreign exchange management policy in each period.

6. The necessary case, to ensure financial security, national currency and maintaining debt safety indicators, the Prime Minister decides to apply the appropriate measures to manage loans, pay off foreign debt, self-payment.

What? 5. State management content on loan activities, paying off foreign debt, self-paying.

1. Build, enact and organize the law enforcement of the law on loan management, paying off the foreign debt of the borrower, self-paying.

2. Watch the cash flows associated with borrowing, pay off foreign debt, self-payment of the aggregation of international balance of payments, run monetary policy and foreign exchange management.

3. General, report on foreign loan information, self-payment.

4. Proposition, disseminalization of policy, law on foreign borrowing management, self-payment.

5. Inspector, check, monitor the enforcement of the law on foreign loan management, self-payment.

6. Organization for training, fostering a foreign loan management business, self-payment.

7. violate the breach, resolve the complaint, denounce in the implementation of the laws of law on foreign loan management, self-payment.

Chapter II

SPECIFIC REGULATIONS

What? 6. Forecast of the borrower foreign loan, annual net self-payment

1. The basis of a borrower foreign loan, annual net self-payment

a) Only the debt on debt in the economic development plan-the five-year society approved by the National Assembly;

b) The average debt management program for the adjacent three-year period is approved by the Prime Minister;

c) Foreclosure the macroeconomic spending of the planned five;

d) Vietnam ' s balance of payments plan

) Forecast the country ' s foreign borrowing needs, credit organizations, foreign bank branches during the period when it is needed.

2. Vietnam State Bank presided over, in coordination with the Ministry of Finance, Ministry of Planning and Investment forecasting foreign loans, self-payment on a regulatory basis at Clause 1 Article. In the case of necessity, the State Bank of Vietnam in coordination with the Ministry of Finance, Ministry of Planning and Investment and other related agencies to implement sweeping the need for foreign borrowing of the borrower to forecast foreign loans, self-paying five plans.

3. As late as January 31 each year, the State Bank of Vietnam sent the Ministry of Finance to forecast a loan of foreign loans, self-payment to the Ministry of Finance to build the nation's annual foreign trade loan.

What? 7. Watch the implementation of foreign loan loans, self-payment

1. The State Bank of Vietnam performs tracking the total of new, capital gains and debts of foreign loans, self-paying, long-term, long-term; building solutions that fit foreign loan management, self-paying to ensure the total amount of loans. The net in the year of foreign loans, self-paying, long-term, long-term foreign loans, are self-paid by the Prime Minister.

2. Cases of the needs of the economy that needs to increase the volume of mobiles that underline foreign loans, self-paying in the year has been approved by the Prime Minister, the Finance Ministry, in coordination with the State Bank of Vietnam, the Ministry of Planning and Investment. calculation of the Prime Minister's decision.

What? 8. Government Prime Minister

1. Approving the borrower foreign loan, self-paying annually in the framework of the country ' s foreign trade loan.

2. Approve the implementation of the borrower foreign loan management, self-payment in the case necessary to ensure the country's foreign debt safety indicators.

3. Directed by the Inspector of Public Works, check out the use of foreign loans of state-owned enterprises.

4. Decide in a joint venture in foreign loan management business, self-payment in the case of necessity.

What? 9. Vietnam State Bank Responsibility

1. Host, in coordination with the Ministry of Finance, Ministry of Planning and Investment forecasting foreign borrowing, net self-payment, the annual long term by regulation at Article 6 of this Decree.

2. Host, in coordination with the Ministry of Finance, Ministry of Planning and Investment and related agencies to build foreign borrowing conditions, self-paying, medium, long term in each period.

3. The procedure for the procedure, the organization that performs the registration, registration of change, recall or termination of the text effect confirming the registration of the borrower's foreign loan in the form of the borrower, self-payment.

4. Host, in coordination with the Ministry of Finance, Ministry of Planning and Investment and other agencies that are involved in the construction, the Prime Minister approv. and the organization implementing foreign loan management measures, self-payment in line with the goal of management in each case. period.

5. Follow the implementation of a loan of foreign loans, self-payment.

6. Coordinate with the Ministry of Finance to build the collection process, report, aggregate, share and publish information on the country ' s foreign debt.

7. aggregable, voluntary foreign debt, annual self-payment of the business, credit organization, foreign bank branch, the Prime Minister ' s report, the co-sending the Treasury Department to sum up the loan situation, pay foreign debt of the country. Every year.

8. Do other content on state management for borrower activity, paying off foreign debt, self-paying by regulation at Article 5 of this Decree.

What? 10. Finance Ministry Accountability

1. Host, in collaboration with the State Bank of Vietnam, the Ministry of Planning and Investment Building, the Prime Minister approx the country's foreign trade loan, including the loan of foreign trade loans, self-payment.

2. Host the construction of the collection process, aggregate reporting, sharing and publication of information on the country ' s foreign debt.

3. Implementuation of the Government, the Prime Minister on the borrower of the borrower, the self-payment of the economic corporation, the state corporation, when necessary at the request of the Government, the Prime Minister during the period.

4. Coordinated with the State Bank of Vietnam forecast foreign borrowing, net self-payment in the year of planning.

5. Coordinated with the State Bank of Vietnam to build, the organization implementing the loan management measures, paying off foreign debt, self-paying.

6. Make other tasks related to the borrower operation, paying off the foreign debt of the state business under the rule of law.

What? 6. Forecast of the borrower foreign loan, annual net self-payment

1. Coordinated with the State Bank of Vietnam forecast foreign borrowing, net self-payment in the year of planning.

2. Coordinate with the State Bank of Vietnam to build, the organization implementing the loan management measures, paying off foreign debt, self-paying.

3. Host, in collaboration with foreign direct investment management agencies that carry out the sweep of the need for foreign borrowing, the self-paying of the business has foreign direct investment in the case of necessity.

What? 12. The coordination responsibility of the state equity representative body

1. Approve of the borrower, self-paying, long-term foreign loan methods of the competent state enterprise under the provisions of the relevant legislation prior to the business of contracting the Foreign Loan Agreement.

2. The implementation of the borrower foreign loan management, the self-paying of the state enterprise by jurisdiction.

3. Coordinate with the State Bank of Vietnam to deploy foreign loan management measures, self-payment.

What? 13.

1. The decision to shape foreign loans in accordance with the needs, purpose of use on the basis of compliance with the provisions of the relevant law.

2. The selection of the credit organization is allowed to make foreign loans under the rule of law.

3. The offer to open a foreign currency account to take on the loan, implement a commitment to a loan agreement with the Foreign Loan on the provisions of the State Bank.

4. Buy foreign currency at credit organizations is allowed when the obligation to pay foreign debt according to the pledge, agreement at the loan agreements.

What? 14. The responsibility of the borrower

1. Use of the right foreign loan capital, in accordance with the operating range of the borrower and comply with the regulation of the law.

2. Responability for legal capacity, financial capacity, the ability to implement a loan of foreign loans.

3. take responsibility in the signing and implementation of the foreign loan agreement and other agreements that are relevant. No agreements were signed by the Vietnamese law.

4. Self-responsibility to pay off foreign debt, self-payment and self-take on all risks of making foreign loans out of self-loan, self-paying.

5. comply with the provisions of the State Bank of Vietnam on loan conditions, pay off foreign debt; perform registration, registration of foreign loan changes; open and use of account, capital withdrawal, and transfer of foreign loan debt.

6. comply with the regulation at this decree, regulations on foreign exchange management, other provisions of the relevant Vietnamese law and international practice in borrowing, foreign debt payments, self-payment.

7. Compact the report regime under the regulation of the loan legislation, which pays foreign debt on the borrower, self-payment.

8. Responsible for the accuracy and validity of the records, documents, documents from the appearance to the authorized credit organization, the domestic credit organization (the case is allowed to open and use foreign currency accounts) upon the implementation of the following transactions. It ' s related to foreign loans.

9. Perform the requirements of the competent authorities during the inspection, examination, monitoring of the loan operation, paying foreign debt under the rule of law.

What? 15. Inspector, check, monitor.

1. Vietnamese State Bank checks out, monitoring:

a) Foreign loans of the borrower, the self-paying of the credit organizations, the foreign bank branch.

b) The transfer of money involves the operation of the borrower, which pays off the borrower of the borrower, the self-payment of the borrower Parties.

c) The compliance of the law on borrowing, paying foreign debt and the foreign exchange management of the Parties borrower in borrowing, paying off foreign debt, self-payment.

d) The provision of the foreign exchange service of credit organizations is allowed for the operation to borrow, pay off foreign debt, self-payment.

2. The Ministry of Finance chaired, in coordination with the agencies involved in the inspection, overseeing the borrower of the borrower, the self-paying of the economic corporation, the state corporation's total not being a credit organization.

3. The Ministry of Planning and Investment Management, in coordination with the management agencies on investment and related agencies examining, overseeing the borrower of the borrower, the self-paying of the business that has foreign direct investment capital is not a credit organization and a private equity. Foreign bank branch.

4. The State Bank of Vietnam presided over, in coordination with the Ministry of Finance, Ministry of Planning and Investment and related agencies to implement compliance with regulatory compliance on foreign exchange management on the borrower of foreign loans, self-paying under the rule of law. Show the inspector.

5. The case is needed, the Prime Minister decides to organize the inspection, check out foreign loans, the situation that uses the borrower ' s foreign loan capital, self-loan, self-payment.

What? 16. Report Mode

1. The borrower must carry out a periodic reporting regime or a sudden return on the capital withdrawal situation, which pays off the borrower of the borrower, self-paying by the provisions of the State Bank of Vietnam.

2. The credit organization is allowed to take responsibility for the implementation of the report regime under the regulation of the State Bank of Vietnam.

3. Every year, the State Bank of Vietnam presided over, in coordination with the relevant agencies to make a combined implementation of the Government of the Borrowing Situation and pay foreign debt, the self-paying of the business, the credit organization and the foreign bank ' s branch. Vietnam.

What? 17. Waste Processing

The organization, the individual violation of the regulation at this decree, is subject to the nature, the extent of which the breach will be dealt with the administrative breach or the search for criminal responsibility under the rule of law.

Chapter III

EXECUTION CLAUSE

What? 18. Effect of execution

1. This decree has been in effect since 15 February 2014.

2. Repeal Decree 134 /2005/ND-CP November 01, 2005, the Government enacted a loan management Regulation, foreign debt, and Section 4 Chapter III Decree No. 160 /2006/NĐ-CP December 28, 2006 by the Government of the United States Regulation of Foreign Exchange Law enforcement.

What? 19.

1. Vietnam State Bank, Ministry of Finance, Ministry of Planning and Investment, state equity agencies, investment management agencies, business regionalization agencies, duties, powers to implement this Protocol.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.