Circular 34/2012/tt-Btc: Guide On Bonds Guaranteed By The Government

Original Language Title: Thông tư 34/2012/TT-BTC: Hướng dẫn về phát hành trái phiếu được Chính phủ bảo lãnh

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FINANCE MINISTRY
Number: 34 /2012/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 1, 2012

IT ' S SMART

The guide to bond release is secured by the Government

____________________

The Public Debt Management Law Base June 17, 2009;

The Securities Law Base on June 29, 2006 and the Amendment Law, added a number of provisions of the Securities Law on November 24, 2010;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 of the Government on the Functional Regulation, mission and organizational structure of the Ministry of Finance;

Base of Protocol 01 /2011/NĐ-CP January 5, 2011of the Government on the release of Government bonds, bonds are secured by the Government and local government bonds;

Base of Protocol 15 /2011/NE- CP on February 16, 2011 of the Government on Level and Management of Government Protection;

The Treasury Department guidelines on the release of the bond received by the Government as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information guidelines for the release of bonds issued by the Government (then called for a bail bond) in the domestic market and the international market.

What? 2. Subject releases

The subject of bond-issued bonds is the business, state policy bank, and financial institutions, credit (later known collectively as the executive subject) of the subject granted to the government as prescribed in Clause 2, Article 3 of the United States. Number 01 /2011/NĐ-CP January 5, 2011 by the Government on the release of Government bonds, bonds are covered by the Government of the Government and the local government bond (later called the Digital Protocol). 01 /2011/NĐ-CP).

What? 3. The purpose of release

The bail is issued to invest for the programs, the project by regulation at Clap 2, Article 4 of the Digital Protocol. 01 /2011/NĐ-CP.

What? 4.

1. For businesses

a) A full response to the conditions of the bond issued by regulation at paragraph 1, Article 16 of the Digital Protocol 01 /2011/NĐ-CP when the bond is issued in the domestic market;

b) The full response of the conditional execution conditions stipulated at Article 40 of the number of votes. 01 /2011/NĐ-CP You know, when you release the bonds to the international market.

2. For policymaking banks released in the domestic market.

a) A full response to the conditions of the bond issued by regulation at paragraph 2, Article 16, Protocol No. 1. 01 /2011/NĐ-CP;

b) The volume of bond issued bonds must be subordinate to the Government of Government approved by the Prime Minister during the period.

3. For financial institutions, credit for the credit program has the goals of the State of the State.

a) Released bond-issued bonds in the domestic market to implement a State-targeted credit program by each decision of the Prime Minister for each program, project;

b) The full response condition must be met at Article 34 Public Debt Management Law and Clause 2, Article 16 No. 16 01 /2011/NĐ-CP of the Government.

What? 5. Conditions and terms of bond

In addition to the conditions, the provision stipulated at Article 6, the Digital Protocol 01 /2011/ND-CP, The subject of the right to issue bail is required to comply with the following regulations:

1. Volume of release:

The volume of each issue issued by the subject of the decision was issued, but it was not exceeded that the bail-issued guarantee during the period was granted a regulatory authority under the provisions of this privacy.

2. Rate of release

a) The interest rate issued interest is guaranteed in the domestic market by the owner of the decision for each release but is not exceeded the interest bracket by the Ministry of Finance for each release or during the period;

b) The interest rate issued in the international market by the owner of the decision to issue a base release to the release scheme was approved by the Prime Minister and the market situation at the time of its release.

What? 6. Buy and swap bonds

1. The subject of a bail-issued bond may be able to buy back bond bonds to reduce the debt obligations. The acquisition of bonds must ensure the following principles:

a) There is a method of acquiring a licensed bond approved by the authority. The level of approval of the release method is the granting of the option to buy bonds;

b) Public, transparent and effective.

2. The subject of a secured bond is made to make a bond swap to reduce the debt obligation or to restructure the debt. The swap of bonds must ensure the following principles:

a) There is a right-to-approved bond-swap variation. The level of approval of the release method is the level of approval of the bond exchange;

b) The bond swap method must be reviewed by the Ministry of Finance, which has a written opinion;

c) Public, transparent and effective;

3. The subject of the release applies to the methods of acquisition, swaps of Government bonds to make a purchase, swaps on bail.

4. The subject of the release is responsible for the effectiveness of the acquisition, the bond swap is secured and is responsible for reporting the Ministry of Finance by regulation at this Smart.

Chapter II

APPROVAL OF THE BAIL-ISSUED PROPOSAL

Item 1

THE BONDS ARE SECURED. BUSINESS RELEASE

What? 7. Proposition Profile

1. For bond-issued bonds issued in the domestic market.

a) Text-issued statement issued by the owner to be issued by the template at Appendix 1 attached this message;

b) The project to release the bond is secured. In addition to the specified content at paragraph 1, Article 17 Digital Protocol 01 /2011/ND-CP, The proposal to release the bonds must add the following content:

-Information on the program, investment project and implementation of the implementation, including: the investment decision of the competent level; the total investment level; the investment sector of the portfolio of projects, the program is considered granted bail under the Prime Minister ' s decision. The government in each period; the plan and the investment of investment; the sources of capital made, which has a secured bond capital and the situation to implement the program, the project to the time of filing;

-Planned to release a given bond: the total volume of releases is divided by the term of bond and plans to be released on the basis of the deployment and financial progress of the program, the project. The issue of the planned release is divided into multiple outbreaks over the years that the release plan must be built specifically for each year;

c) The annual financial report of the three (03) years adjacent to the prior year of the proposed bond issued by the State Audit or the independent audit organization is allowed to operate legally in Vietnam under the rule of law on the issue of bonds. Business.

The business case filed a proposal to issue a bond before a quarter of a year, the annual financial report of the year adjacent to the year that the release may be an unaudable financial report but must be held by the Board of Directors, the Board of Directors. or the President of the approved company under the Operating Charter of the business;

d) The text of approval and approval of the project to issue corporate bonds of the competent authority under the rule of law on the issuing of corporate bonds;

The documents that prove to be eligible for the release of the bond are provided by the provisions in this Article 4, including:

-A copy of the business registration certification of the business and the organizational and operational conditions of the business;

-The documents demonstrate the program, the project that has completed the investment and construction procedure under the rule of law on investment and construction;

-The corporate proof document has a minimum of 20% equity invested in the program, the project;

-Other texts prove that the business is eligible to issue bonds under the law of corporate bonds.

2. For bond release is told to market the international market.

a) Text-issued statement issued by the owner to be issued by the template at Appendix 1 attached this message;

b) The project to release the bond is secured. In addition to regulatory content at Article 41 Digital Protocol 01 /2011/ND-CP, The proposal to issue bonds to the international market must add to the regulatory content of Article 1 This Article;

c) The specified case files c, d, clause 1 Article.

What? 8. Process, approval procedure granted bail

1. Enterprise sends a (01) set of records set at Article 7 of this Smart to the Ministry of Finance to test the full, validity of the profile and offer to add the profile (if any). The case case was full, the Ministry of Finance informed the business to submit the addition of the year (05) file sets to make a review of the opinion on the proposed bond release scheme.

2. In the thirty (30) days of work since the date of receiving the full profile under the provisions of this Article 1 Article, the Ministry of Finance chaired in coordination with the ministries, the relevant sector review, has the opinion of the proposed bond release. The review contents include:

a) The object and the conditions of the issue of the bonds by regulation in this message;

b) The financial method of the program, project, and method of issue of bonds;

c) The method of using and managing the source of bonds issued bonds, the layout of the original payment capital, the bond interest;

d) The capacity and financial situation of the business include: equity, debt to pay, the ability to pay debt, profit margins;

The annual government guarantee is approved by the Prime Minister.

3. On the basis of the general opinion of the ministries, the relevant sector, the Prime Minister ' s Ministry of Finance review, the approval of the bail-level initiative and the level of bail. The business case is not eligible to be granted bail, the Ministry of Finance informs the business of the business and states the reason.

4. After having the Prime Minister ' s approval text on the holder of the bail and bail level, the Ministry of Finance announced in writing to the maximum-limit business that is allowed to issue bail bonds to implement the implementation of the government. according to the regulations on this message.

Item 2

BANK BONDS PUBLISHED POLICY IN THE DOMESTIC MARKET

What? 9. Profiling. granted bail

The base on the State ' s targeted credit programs is delivered, at the time of the construction of the annual policy credit plan, the policy banks that build the target credit capital plan for the following year, which has a source of left-release capital. vote by the Government in the domestic market and sent the Ministry of Finance to review, the Prime Minister approx the level of government bail. The bail offer profile includes:

1. Text-issued statement issued by the holder of the subject of the template released in the Appendix 1 attachment.

2. The plan to release the bond is secured. In addition to the specified basic content at paragraph 2, Article 17 Digital Protocol 01 /2011/ND-CP, the bond release plan must include the following content:

a) The situation of mobiling and use of capital implementation of state-targeted credit programs in the three (03) years adjacent to the year of release, which states: the total source of capital raising in each type of capital, the income capital (debt of origin, interest); total. loan sales and loan balance in the year according to each program, the rate of overdue debt (if any);

b) The situation of the original debt payment, interest debt and bond debt secured for 3 years adjacent to the year of planning;

c) Expected a target credit program plan in the next year, including: the program name according to Government decisions, Prime Minister; plans for targeted credit growth; the total capital, which has the source of bond-issued capital, is expected. Bail; total loan sales, expected debt;

d) The mobiling plan, the original debt, the bond interest debt was secured in the planned five.

3. The fiscal report of three (03) years adjoining the prior year of the release was auditated by the State Auditor and reported the implementation of the implementation of the State Audit (if any) or the independent audit organization operating legally in the country. Vietnam.

4. The proofs are eligible for release

a) The Government 's texts, the Prime Minister approve of the State' s target credit programs; and the government.

b) The credit growth plan of the State ' s target credit programs;

c) The text of the Board of Directors or the Board of Directors approx the financial plan-credit of the planned five, which has a capital source from the stated bond issued.

What? 10. Process, Approx Level approval procedure

1. Policy banks send a (01) set of prescribed records at Article 9 of this Smart to the Ministry of Finance for full and valid testing and offer to add the profile (if any). The case case was full, the Ministry of Finance informed the policy banks to submit a two (2) file set to consider having an opinion.

2. In the thirty (30) days of work since the date of the full receive of the bond issued by regulation at Clause 1 This Article, the Ministry of Finance considers, there is an opinion on the plan to release the annual bail of the policy banks. to the Prime Minister to approve. The review contents include:

a) The condition of issue of the bond is bail;

b) The annual Government guarantee is approved by the Prime Minister;

c) The capital implementation of the target credit program and the planned bond release plan;

d) The method of use and management of bonds issued bonds, the layout of the source of the original payment capital, bond interest upon arrival;

The financial situation of the subject is released.

3. After having the Prime Minister ' s approval of the Government on the topic of bail and bail, the Ministry of Finance announced in writing to the subject of a maximum restriction that is allowed to issue bail bonds to implement the following implementation. This is the law.

Chapter III

THE BOND RELEASE ORGANIZATION IS HELD IN THE DOMESTIC MARKET.

What? 11. Registration of a secured bond issued plan

1. For Business

a) On the basis of notification of the Ministry of Finance at Clause 4 This April, the business registers the plan to issue a bail-issued bond with the Ministry of Finance to the Ministry of Finance to review, approve prior to the organization's release.

-The case of the proposed bond issued bond issued only a single batch, the business that makes the registration procedure issued with the slog Finance Ministry is thirty (30) the day of work before the expected date of the bond release to the Ministry of Finance. The main bond bracket notification is secured;

-The case of a bail-issued proposal stipulated multiple releases in one year or multiple releases at different years, before November 30 every year, the business must register the next year 's release plan, which details the company' s decision. Volume releases, the release term of each quarter's release.

b) The bond-issued planning base is granted by the Ministry of Finance approved by the Finance Ministry, which is released as a regulation in this Information.

2. For policy banks

a) On the basis of the Finance Ministry ' s announcement basis at Article 3 of this Article 10, the base on the solution plan of the target credit programs and the bond debt plan is covered to the limit, policy banks register their release plans for the next year. The year of shared quarterly share with the Ministry of Finance under the prescribed pattern at Appendix 2 This is for consideration, having an opinion prior to the organization's implementation.

b) The plan to issue five details according to the quarter received by the Ministry of Finance approved by the Ministry of Finance, the policy banks that issue bonds by regulation at this Smart and must ensure the principle:

-The volume of actual release in the quarter did not exceed the release of the issued Finance Ministry;

-The case of actual release volume in the lower quarter than the issued release with the Treasury Department, the rest is transferred to the adjacent quarter;

-The case with the need to issue beyond the quarter plan has been approved by the Treasury Department, the policy bank reports the Ministry of Finance review, which has an opinion prior to the organization ' s release. The offer text to the Ministry of Finance must specify the reason for the recommendation to adjust the release plan.

What? 12. Left-issue releases

1. For Business

a) The method of issuing a bond granted to the business to be made under the proposal of issuing bonds has been granted a competent authority, including the following methods:

-Bidding for release;

-For the release.

-Agents.

-Retail.

b) The organization of the organization to issue bonds in accordance with the rule of law on the release of corporate bonds. The case of the business to issue bonds to the public must obey the law of securities law.

2. For policy banks

a) The release method includes:

-Bid to issue bonds through the Hanoi Stock Exchange;

-Agents released.

b) The policy banks are applied to processes, the procedure on the release of Government bonds in the method of bidding and the method of agent to issue bail.

What? 13. Subscription, registration and bond listing

1. For Business

a) The secured bond is registered, registered, and listed by the law of registration, registration and listing for corporate bonds and the Securities Law;

b) The registration process, registration and listing of the secured bond is applicable as the registration process, the registration and listing process of the business bond.

2. For policy banks

a) The secured bond is registered, the secretary is focused at the Vietnam Stock Exchange Centre and is listed for the transaction gathered at the Hanoi Stock Exchange;

b) The registration process, registration and listing of the secured bonds is applicable as the registration process, the registration and listing process of Government bonds.

Chapter IV

ORIGINAL PAYMENT, BOND INTEREST, ACCOUNTING REGIME, ISSUED FEES, PAYMENT FEES AND BAIL FEES.

What? 14. Original payment, bond interest

1. The subject of the release is responsible for payment of the root, bond interest when it comes to a deadline by its legal capital.

2. The host case that released failed or does not fully implement the original debt payment obligations, the bond interest debt when it comes to a deadline, the Treasury Department performs the subject ' s payment obligation to issue within the level of government bail granted. regulation in this Information and by the provisions of the existing law on the level and management of the Government of Government.

What? 15. Accounting Mode

The subject of release and related units is responsible for the implementation of the accounting work under the provisions of the Accounting Law and the laws that violate the law in relation to the existing accounting regime.

What? 16. bond release fees and original payment fee, bond interest

1. bond release fees

a) For the business

The bidding fee, bail fee, and agent fees issued bonds is agreed between the owner of the release and the bidding organization, the bail, the bond issue.

b) For policy banks

The bidding fee and the fees for the release of the bonds are imposed by the cost of the current Government bond.

2. Original payment fee, bond interest

For the registered bonds registered, the deposit at the Stock Exchange Centre, the original payment fee, the bond interest by the original payment fee, the Government bond interest.

What? 17. Government bail fees

The holder of the bail-issued subject must pay a government grant fee under the current regulations on the level and management of the Government.

What? 18: Cost of bond release fee

1. The business is at the expense of the bonds issued on Article 16, Article 17 This is on the value of the project using the source of the bonds issued or the operating costs of the business under the rule of law.

2. Policy banks are accounted for by the cost of the bond issued at Article 16, Article 17 of which at the expense of the operating costs of the banks.

Chapter V.

INFORMATION MODE, REPORT

What? 19. Quick report results And the acquisition, the swap.

1. As slow as the year (05) the day of work since the end of each release, the subject of the release must report the Ministry of Finance to detail the results issued so that the Ministry of Finance defines the actual bail obligation by law. The content report is in Appendix 3.

2. On the basis of the subject ' s reporting, within ten (10) days of work, the Ministry of Finance issued a statement confirming the obligation of bail on the issue of the vote issued. For policy banks, the confirmation of the obligation of bail is carried out quarterly.

3. As slow as ten (10) days of work since the end of the acquisition, the bond swap under the proposed nominative authority stipulated in Article 6 of this, the owner issuing a responsibility to report the Ministry of Finance to the acquisition, swaps the bonds to the Ministry of Finance to define and regulate the actual bail obligation.

What? 20. The quarterly report, the year

1. Within ten (10) days of work after the end of each quarter and twenty (20) days of work after the end of the fiscal year, the subject of release is responsible for sending mobiles of mobiles, using capital sources, the original pay situation, the bond interest debt. A written guarantee for the Ministry of Finance to follow the template at Appendix 4.

2. In addition to the periodic reporting content at paragraph 1 This, the release subject is responsible for sending the report to the Ministry of Finance:

a) The annual financial report audits after ten (10) working days since the results of audit results;

b) The financial situation for some cases required to evaluate the financial competability of the subject released at the request of the Ministry of Finance.

Chapter VI

BREACH OF VIOLATION AND CASE OF NON-PAYMENT RELEASED IN DEBT

What? 21. The suspension of the bond is secured

1. The Ministry of Finance does the suspension of the release of the bond that is secured in the following circumstances:

a) The release of the unreleased entity in accordance with the bond release method was approved by the Prime Minister and announced the release of the Ministry of Finance;

b) The bond yields issued beyond the interest bracket announced by the Treasury;

c) The volume of release exceeds the level approved by the Ministry of Finance.

2. The suspension of the release applied to the release of the breach stated at Article 1 This Article (if not the release of the release) and subsequent releases (if any) of the release of the subject's release were approved.

3. When receiving the Finance Ministry ' s announcement, the subject of the release must be done right away from the suspension of the vote.

What? 22. Processing the subject of unpayment of debt is owed.

1. At least forty-five (45) days of pre-date work on the original payment, the bond interest that the subject releases is not likely to pay, the owner of the release must send the text to the Ministry of Finance offering to pay the payment on behalf of the debt. The text of the subject released to the Ministry of Finance must clear the cause of the unpayment of the debt owed and submitted with the proof documents including:

a) The financial statement accompanying the detailed theory;

b) The tablet of deposit accounts, the cash of the released subject, the debts must be paid, the receivables;

c) The identity of the owner ' s confirmation of the ability to pay the debt of the owner of the bond released bond is business.

d) Other documents at the request of the Ministry of Finance report.

2. In the ten (10) days of work since the date of receiving the recommended text and the confirmation text does not pay the debt of the owner (the owner of the release is business), the Treasury considers and handles the subject case of unpayment release. are debt by regulation at Article 18, decree number 15 /2011/ND-CP of the Government.

3. The executive is responsible for receiving debt and repayment to the Ministry of Finance under regulation at paragraph 6, Article 7 Article 15 Digital Protocol 15 /2011/ND-CP of the Government.

Chapter VII.

THE RESPONSIBILITY OF THE AGENCIES INVOLVED

What? 23. Ministry of Finance

1. The Chair is aware of the proposed bond issuing proposal of the secured subjects to submit the Prime Minister to approve the prescribed bail at this level.

2. Tracts, the aggregation of the state-issued bond issue is issued by the host of the released subjects and the suspension issued in the cases of the violation under the regulation at this level.

3. The regulation of the bond interest bracket is issued in the domestic release.

4. Handout the issues that arise under the jurisdiction of the Ministry of Finance in the case of the subject issuing a non-payment of the elected bond, the bond interest when it comes to regulation at this level and the provisions of the law on the level and management. Government bail.

What? 24. State Bank Accountability

1. The confirmation of a bond issued issued to the international market under the annual Government's foreign trade loan limit on the subject of the release of the subject.

2. Coordinated with the Ministry of Finance to have an opinion on the proposed bond distribution project for the bonds that issue the bonds of businesses that are credit organizations by regulation at this Smart.

3. A career guide for bail is granted transactions on the open market, which is held in an attempt to resupply the capital by the rule of law.

What? 25. The owner ' s responsibility to issue bonds

1. Build a proposed bond issuing proposal to provide authorship to review, approve, and be responsible for the accuracy, honesty of the information in the statement of the release and the publication of the investors.

2. The organization that releases the bonds in accordance with the proposal is approved by the Prime Minister and informed by the Ministry of Finance of the Ministry of Finance, and is responsible for the release of the bonds that must be tied to the solution of the solution of the program, the project.

3. Take full responsibility in the process of using the right-to-be-held bond, which is effective under the proposal approved by the Prime Minister.

4. Responsor for full payment of all interest, bond of bond, when it comes to a proposal approved by the Prime Minister.

5. Full implementation of the information mode, report by regulation at this message.

6. Make the other obligations of the prescribed bail at the UN Digital Protocol. 01 /2011/ND-CP, Number Protocol 15 /2011/ND-CP of the Government, this Information and the existing law regulations on loan management, which pay foreign debt.

What? 26. The responsibility of the state-owned enterprise owner

1. Appropriation of bond-issued bonds issued in accordance with the provisions of the law on the release of corporate bonds.

2. Monitor the process of mobiling, using the source of capital bonds issued under the regulation at this level and the regulation of the law on the release of corporate bonds.

Chapter VIII

THE ORGANIZATION.

What? 27.

1. This message has been in effect since 18 April 2012.

2. This message replaces the following tutorial contents:

a) The guidelines for bond release are regulated by the Government of the United States in the Fourth. 21 /2004/TT-BTC March 24, 2004 of the Ministry of Finance guidelines for the bidding of government bonds, bonds issued by the Government and local government bonds through the centralized stock exchange;

b) The guide content on bond release is regulated by the Government in the United States. 29 /2004/TT-BTC April 6, 2004, of the Ministry of Finance guidelines for the guarantee of the release and the agent to issue Government bonds, bonds are secured by the Government and local government bonds;

c) The guide content on bond release is secured by the Government at the Digital Decision. 66 /2004/QĐ-BTC August 11, 2004 of the Minister of Finance enacted guidelines on the sequence of the government, the procedure of issuing government bonds, the bonds granted by the Government and the local government bond.

3. During the implementation process, if there is difficulty, entangrium, issue organizations and units with timely reporting on the Ministry of Finance to consider having specific guidelines ./.

KT. MINISTER.
Chief.

(signed)

Chen Xuân