Pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to the law on public debt management, June 17, 2009;
Considering the recommendation of the Minister of finance DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on public debt management tools; manage, use, and manage repayment risk, debt restructuring; accounting, auditing and debt statistics; organize the information, and report publicly on the public debt.
Article 2. Explanation of terms the terms used in this Decree shall be understood as follows: 1. the long-term strategy on the public debt is given objectives, orientation, solutions, policies for the management of public debt built up in the framework of national financial strategies, in accordance with the plan for socio-economic development strategy and a five-year economic and social development 10 years of the country.
2. medium term debt management program is content-specific long-term strategies regarding public debt for the period of 3 years adjacent to fit the framework of economic policy, financial and budgetary planning of intermediate-term Government.
3. plan of the loan and the repayment of the Government's annual details is built every year including plans to withdraw the loan and repayment details of Government.
4. The database on public debt is set to data, reports on the implementation, evaluation, analysis of the public debt of the country was hosting a systematic, organized in the form of electronic data or text report.
5. Public information about public debt is providing extensive information to the public, data about public debt under the provisions of the law.
6. foreign commercial Borrowing by the Government's loans have the same conditions as the financial loan, export credit loans from the foreign commercial bank loans or through the release of the Government's international bond.
7. debt portfolio risk is all the risks that can occur when there are fluctuations in the market, credit, liquidity, interest rate and exchange rate risks in the mobilization process, use and repayment of the Government.
8. financial income due to debt restructuring, debt portfolio is determined by the difference between the repayment obligations before and after proceed with debt restructuring, debt portfolio including the original money, interest rates and the costs related to the implementation of the debt restructuring , debt portfolios.
9. The governing body is The ministerial body, the people's Committee, the province, the central cities.
Chapter II PUBLIC DEBT MANAGEMENT TOOLS article 3. The public debt management tool type 1. The unified government public debt management through the following tools: a) the long-term strategy of public debt;
b) medium-term debt management program;
c) loan plan and detailed annual repayments of Government;
d) safety norms and monitoring public debt.
2. Pursuant to the debt management tools, the Ministry of finance the construction process of the Government to the Parliament to decide the safety criteria on debt, decided the goal, orientation, use of loans and public debt management in each 5-year period; the decision of the level, the structure of the loan and the repayment of the Government according to the provisions in clause 2 article 8 of law public debt management.
Article 4. Long-term strategy on public debt 1. Long-term strategy on public debt include the following: a) reviews the reality public debt and public debt management in the stage of implementation of the previous strategy;
b) objectives, orientation, use of loans and public debt management;
c) solutions, a management policy to ensure financing, use of effective capital and financial security;
d) implementation strategy.
2. The base to build long-term strategies regarding public debt: a) the strategy of economic development-society in each period;
b) resolutions, decisions about mobilizing advocates, using loans and debt management of the party, the Congress and the Government;
c) plans of social-economic development of 5 years and 10 years, the sectoral development plans, field, territory;
d) oriented schemes to attract and use sources of official development assistance (ODA) in each period;
DD) the system of statistics, the results of the investigation, survey and related references.
3. The Ministry of finance, in cooperation with the Ministry of planning and investment, Vietnam's State Bank and the ministries involved to build the long term strategy of government public debt within the framework of national financial strategies and implementation after it is approved by the Government.
Article 5. Medium term debt management program 1. Medium term debt management program including the goals, mission and solutions about mobilization, loan repayment, and mechanisms, policy, debt management organization in the 3 year period of adjacent to perform safety criteria on debt has been determined in the target Assembly mobilization, orientation, use of loans and public debt management.
2. The base primarily to build debt management program in the medium term a) long-term strategies regarding public debt;
b) macroeconomic indicators, fiscal, and monetary policies;
c) current debt situation and safety norms on debt during the period.
3. The Ministry of finance, in cooperation with the Ministry of planning and investment, the State Bank of Vietnam and relevant agencies to build debt management program in the medium term the Prime Minister decides and organizes the programme after being approved.
Article 6. The loan plan, detailed annual repayment of the Government 1. The content of the plan and detailed annual repayments of Government, including: a) domestic loan plan: includes plans to mobilize funds for the State budget and plans to mobilize capital for development investment;
b foreign borrowing plan): made through the form of mobilization, including ODA, concessional loans, commercial loans and are detailed by foreign creditors;
c) repayment plan: be detailed by creditors, has decided to repay the principal and interest repayment; domestic debt and foreign debt.
2. building base loan plan, detailed annual repayments of Government: a) objectives, orientation, use of loans and government debt management has been decided by Congress;
b long-term debt strategy of) public debt and medium-term debt management program;
c) ask the mission to mobilize capital to offset overspending State budget and for investment in development of the plan;
d) expected funds under the loan agreement and new Government bond issuance in the year of the plan;
repayment obligations) due in the year planned by the Government (including the forecast reserve debt obligations incurred by the Government guarantee is made);
e) expected interest rates, average rates during the year to plan and execute the business needs restructuring the Government debt.
3. The process of establishment and approval of borrowing plans are defined as follows: a) annually, in line with time estimating the State budget, the governing body directs the project reported the implementation and planning of the loan under the program, project match progress made submitted to the governing body;
b) governing body general plans to use government loans send the Ministry of finance, the Ministry of planning and investment to the General synthesis;
c) Ministry of finance, in cooperation with the Ministry of planning and investment, the State Bank of Vietnam General plan loans and repayment of the Government's annual detail on estimating the State budget the Government report submitted to the National Assembly to ratify;
d) based on the total cost of the loan, the repayment of the Government was approved by Parliament along with the estimated budget, the Ministry of finance to conduct building plan loans, repayment of Government details according to the content of the provisions in clause 2 of this simultaneously with the construction of the foreign commercial borrowing limit and guarantee foreign loans the Government Prime Government approval.
4. The Ministry of finance, in coordination with the ministries concerned the Organization made plans to borrow, repay the Government's yearly details have been approved.
Article 7. The system of monitoring public debt indicators, the country's foreign debt of 1. The monitoring indicators about public debt, the country's foreign debt include: a) public debt compared to the total national product (GDP);
b) the nation's external debt compared to GDP;
c) foreign debt obligations of the country compared with the total import-export turnover;
d) government debt compared to GDP;
DD) government debt compared with the currency of State budget;
e-government debt obligations) than the State budget revenues;
g) preventative debt obligations than the State budget revenues;
h) foreign commercial borrowing limit and foreign loan guarantee from the Government.
2. The principal base for the construction of the system of monitoring public debt targets, the foreign debt of the country: a) economic development strategy 10-year social and economic development plan – 5 year social;
b) implementation of the norms on safety and monitoring stage debt 5 years ago;
c) growth and internal savings rate of the economy;
d) The balance of the loan and the repayment ability; the balance of foreign currency; demand and capital structure for the whole society, the ability to mobilize domestic and foreign capital for development investment; to balance the State budget and the balance of macro-economy;
DD) situation and the ability to export growth, the international balance of payments, foreign exchange management policy and rates in each stage;
e) experience and international practices on the safety threshold for criteria on debt.
3. The Ministry of finance, in cooperation with the Ministry of planning and investment, Vietnam's State Bank define methods and build the debt monitoring indicators specified in paragraph 1 of this article. The Finance Ministry and the Government approved the safety criteria on debt as defined in clause 1 article 7 public debt management Law. The Ministry of planning and investment, General safety norms on this approval government debt in the economic development plan – 5 year social process of Government approval, Congressional reports, review the decision. The monitoring indicators for the remaining debt, the Finance Ministry and the Prime Minister decided along with plans to borrow and repay the Government's yearly details.
Article 8. The Organization oversees about public debt 1. The content of regular monitoring work status public debt:
a) to track and calculate the target current and future debt according to the macro-economic situation, fiscal and foreign currency, in order to identify the risk level of debt to take measures to handle the suit;
b) monitoring implementation of the norms on public debt in correlation with the macro-economic indicators in order to ensure the safe threshold of debt;
c) forecasts, warnings, risk level for the directory of public debt and external debt of the country and propose solutions timely processing, the Prime reports periodically or irregularly;
d) oversees the implementation of the loan limit on foreign trade and the foreign loan guarantee from the Government.
2. content analysis, reviews of debt sustainability include: a) analysis, quantitative assessment: analysis, quantitative assessments aims to calculate the targets on public debt as defined in item 2 article 7 of this Decree;
b) analysis, qualitative evaluation: analysis, evaluation of domestic and international environment related to the happenings of the situation public debt and external debt of the country;
-Analysis, qualitative assessments of policy relating to the decision on debt safety norms, including: budgetary policy, market analysis, policy rates, trade policies and targets of national economic growth;
-The problem of the institutional and legal framework.
3. The method of regular monitoring and analysis of public debt, debt sustainability reviews periodically a) regular monitoring of The status of public debt is done in association with the process of mobilization, use and repayment as a base for the evaluation, warnings about bad debt.
b) analysis, debt sustainability assessments are performed periodically each year associated with medium-term debt management program to review comprehensive, systematic and objective about the fit, loan costs, efficient use of capital, repayment ability, the types of risks, risk level, the impact and the sustainability of debt portfolios in the present and the future.
4. The responsibility of the Agency in monitoring the condition of public debt a) Ministry of Finance: the Agency is chairing the implementation monitoring public debt status, responsible guide method of calculation system of debt monitoring indicators; presiding over the conduct of analytical reviews of debt sustainability; operating the public debt limit, foreign commercial borrowing limit and foreign loan guarantees by the Government; coordinate with related agencies to conduct inspection and surveillance, the situation of the loan and repayment.
b) State Bank of Vietnam: has the responsibility to coordinate with the Ministry of Finance building system monitoring indicators of debt and borrowing limit operating foreign trade and foreign loan guarantees by the Government; Guide units, credit organizations and businesses make the reporting regime, provide information to perform the evaluation, debt monitoring under the provisions of this Decree.
c) Ministry of planning and investment: responsible for coordinating with the Ministry of finance to build the system of debt monitoring indicators; host reviews the reality and effectiveness of ODA loans under the rules of the Government.
Chapter III MANAGEMENT of the MOBILIZATION, USED, REPAYMENT and RISK MANAGEMENT, DEBT RESTRUCTURING article 9. Manage to mobilize through the release of the loan agreement and debt instruments: 1. The issuance of debt instruments and the loan agreement are regulated according to the sequence of procedures prescribed in the law on public debt management and the relevant legal texts, make sure in the debt limit to allow , loan and repayment plan is approved by the authority;
2. The issuance of government bonds in the domestic and international bonds guaranteed by the Government in compliance with the provisions of the law on securities and issued the Decree on Government bonds.
3. The borrower to pay the foreign debt through loan agreement to ensure compliance with regulations on loans and pay foreign debt, regulations on Foreign Exchange Management. The sequence of procedures negotiated, signed and ratified the agreement on specific loans made under the provisions of article 10 of this Decree.
4. Loans from the legitimate financing done under the provisions of the law on the State budget on the basis of the agreement or the loan contract, ensuring clear, transparent on the conditions of the loan, such as: the level of loan, interest rate, duration and payment conditions of repayment.
Article 10. Order and procedure of signing and approval of foreign loans agreement 1. For the ODA loan framework agreement, the agreement on behalf of the State specific loans made under the provisions of the law on signing, joining and implementing international treaties.
2. for other specific loan agreements made under the provisions of the following: a) is the Prime Agency Affairs chaired by active discussions and negotiations with foreign lenders on the side of the draft agreement;
b) after unification with the foreign lender, the Agency chaired negotiations General results of negotiations to send the relevant agencies, including opinion please check comments of the Ministry of Foreign Affairs and the opinion of the evaluators. The Agency is responsible for opinion reply in writing within seven working days from the date of receipt please comments;
c) on the basis of General comments participants of the relevant agency, the Agency chaired negotiations to swap back to the foreign lender to complete the draft loan agreement and the Prime Minister signing;
d) after the Prime Minister's decision to allow signed, heads chaired negotiations signed or authorized the specific loan agreement with the lender;
DD) where draft content specific loan agreement similar to the loan agreement, loan agreement template or framework that was approved by the Prime Minister, the Agency chaired the talks Prime Minister decided the signing after talks with party unity and foreign loans. For the other content with the loan agreement, loan agreement template or framework that was approved by the Prime Minister, the specific financial terms, financial mechanism has not been stated in the loan agreement, the loan agreement templates or frameworks, the Agency chaired negotiations must report the Prime Minister for approval before signing.
Article 11. Additional amendments agreed specific foreign loans: 1. for the modification, additional foreign loan agreements specifically made to increase obligation to pay the foreign debt of the Government than the previous one (such as interest rates, loan term, loan rates, fees), the Agency chaired the negotiation process of the Prime Minister to decide.
2. With regard to the amendments, additional foreign loan agreements not specifically in paragraph 1 of this article: the Prime Minister authorized the Agency chaired negotiations and signed with foreign lenders.
Article 12. Use of loans in the country of the Government 1. Domestic loans used to allocated for programs, investment projects in infrastructure, social welfare programs and projects in other sectors do not have the ability to recover the capital directly belonging to the mission branch of the State budget has to be approved by Congress annually.
2. domestic loans used to restructure debts, debt portfolios are not put into balancing the State budget and is used according to the loan plan, detailed annual repayment of the Government, the debt restructuring scheme has been approved by the Prime Minister.
Article 13. The financial mechanism is to use foreign government loans of 1. For ODA loans and preferential loans tied to the program, project: a) to apply the mechanism of State budget allocations for programs, investment projects in infrastructure, social welfare and other areas in the project is not likely to recover the capital directly and is the object of the State budget expenditure , including the case of the local budget is foreign loan lending from the central budget to allocate to the program, the project;
b) loan mechanism applied whole or part loan and part allocations from the State budget for the program, develop investment project likely payback in whole or in part, depending on ability to payback.
2. for foreign commercial loans of Government: a) loan mechanism applied again for programs, projects of the State's key development needs to import equipment, technology, capable of direct payback and repayment of the loan;
b) use for the purpose of debt restructuring, listing the Government's external debt under the loan plan, detailed annual repayments of Government or under debt restructuring scheme was approved by the Prime Minister.
3. Based on the results of investment project appraisal of the competent authority, the results of the evaluation of the lending institutions, the Ministry of finance, in cooperation with the Ministry of planning and investment to identify financial mechanisms applied for the program, the Prime project decisions.
4. for loans in foreign currency or commodity loans not directly associated with the program, project: a) Foreign Loans in foreign currency:-The budget support loans, loans to support the balance of international payments (in the scope of government debt) is balanced on the State budget according to State budget estimates are approved by the authority;
-The use of Exchange foreign loans made under specific decisions of the Prime Minister and in accordance with the commitments in the loan agreement.
b foreign Borrowing) with the goods:-the case of the agreement the borrower has identified domestic object used goods in kind: the Ministry of finance attributed the loan value to balance Vietnam on the State budget and make allocations or loan back to the object using the goods. The exchange rate of Exchange applied by the accounting rate to the Ministry of Finance announced in the time of the redemption;
-Loan agreement case have identified objects in water using proceeds from sales: the Ministry of finance organised the import items, auction and paid into the State budget to use under the provisions of the loan agreement and under the financial mechanism to be decided by the Prime Minister;
-Loan agreement case did not identify the object using the proceeds from sales: the Ministry of finance organised the import items, auction and paid into the State budget to use according to the decision of the Prime Minister.
Article 14. Capital for the program, projects using foreign government loans of 1. The program, projects using foreign government loans are to finance annual planning. The content of financial planning including foreign loan plan (separate for each country or sponsoring organization) and capital plan for domestic applications (central budget, local budget, domestic credit capital, which the owner, lawful capital sources as prescribed by law).
2. for the program, foreign loan project was applied to the mechanism to allocate the entire resources of the Government's foreign loans: a) to the central budget is responsible for the layout of capital for projects or project components in the task of the central budget and by central agencies is the direct project management and implementation;
b) local budgets is responsible for the layout of capital for projects or project components in the task of the local budget and by the local authority's direct management of Project Server and follow the provisions of the law on the management of the State budget;
c) The owner, the governing body must calculate the full demand for reciprocal, entails Planning Agency submitted annual financial plans and financial institutions to aggregate on the estimation of the annual State budget.
3. With respect to the program, the project is applied back loan mechanism (in whole or in part) of the Government's foreign loans: borrower back to arrange reciprocal capital.
4. Ministry of finance guide to financial planning for each type of project using government loans (allocated projects, project lending, credit project, mixed project has just allocated just for lending) to sum up on the estimation of the annual State budget.
Article 15. The cumulative fund to repay 1. The cumulative repayment funds to ensure the solvency of debt obligations of foreign loans the Government on loans or debt obligations of the State budget arising from the terms of guarantee by the Government.
2. content revenues, expenses accumulated Fund the repayments made under the provisions of clause 2, 3 Article 29 of law public debt management. The Prime Minister detailing the content currency, debt accumulation Fund.
3. The management of the Fund be made ensure the principle: a) full, timely focus the Fund's revenues;
b) use of Funds for your purposes in accordance with the law;
c) preserve and develop the temporary capital of idle funds.
4. Assigned the Finance Ministry make fund managers accumulating debt. The Finance Ministry building, the Prime Minister issued the regulation on the establishment, use and manage the cumulative Fund to repay; issued under the authority of the cumulative Fund Accounting mode of repayment and the specific rules on the Organization and operation of the Fund.
Article 16. Manage risk and debt portfolios debt portfolio of the Government 1. The Ministry of finance managing portfolios of government debt, debt sustainability analysis organization, proposed, the Prime Minister for approval and implementation of the project to handle debt portfolio risk.
2. Requirements and debt portfolio management principles and risk categories of debt: a) government debt portfolios have to be reviews, classified in order to determine the level of risk and proactively handle to ensure the safety of debt and national financial security;
b) the solution about the risk of debt portfolios processing to be done in an effective, flexible based on capital market situation in the country;
c) the handling of the debt portfolio risk, the Government's debt restructuring is not increased the Government's debt obligations.
3. process of handling risks debt portfolios are specified as follows: a) identifies risks to debt portfolios;
b) building project to handle the risks of debt portfolios, the Prime Minister for approval;
c) implementation, follow-up, monitoring and evaluation of results;
d) reported the Prime fluctuations related to the debt portfolio risk in public debt management and recommends appropriate solutions.
4. The principal instruments to handle risky debt portfolios: Finance Ministry is using financial tools on the market to ensure the safety and efficient as the complete change of interest rate, currency swaps; the transaction option; the extension of debt, debts, debt reduction, debt relief, debt swaps, debt purchase and refinance.
Article 17. Debt restructuring, debt portfolios of the Government 1. Base medium term debt management program and the loan plan, detailed annual repayment of the Government be approved by the Prime Minister, the Ministry of Finance made the debt restructuring solutions, the Government's debt portfolio.
2. With regard to structured debt solutions, debt portfolios of the Government yet to be projected in the loan plan, detailed annual repayments, The finance to build the Prime Minister approved the project to restructure debts, debt portfolio includes the following principal contents : a) the repayment obligations of the Government towards debt, debt portfolios before the expected conduct restructure debts, debt portfolios;
b) analyze the need to proceed with debt restructuring, debt portfolios;
c) The expected services done to restructure debts, debt portfolio, the basis of choice of this profession and capital;
d) expected results achieved after conducting the business debt restructuring, debt portfolios in two basic criteria is the obligation to pay the debt of the Government and the level of risk; financial income due to business restructuring, debt portfolios debt offering.
Chapter IV the LOAN REPAYMENT, MANAGEMENT of LOCAL GOVERNMENT in Article 18. Build the loan limit of local government 1. Based on the legal provisions on the management of the budget, the provincial people's Committee building loan limit of local budgets report provincial people's Council and the Prime Minister for approval.
2. Loans, issuing bonds of local authorities to ensure in the loan limit. The case of the provincial people's Committee has the demand exceeded the limits, the provincial people's Committee has submitted specific project finance evaluation reporting to the Prime Minister's decision.
Article 19. The planned loan, repayment of the provincial people's Committee 1. The loan limit base under the provisions of the law on the State budget, ability to balance the provincial budget to repay, the progress made and the capital needs of the loan project, the provincial people's Committee building, loan repayment plan in detail every year the provincial people's Council for approval.
2. debt plan details of the provincial people's Committee was built under the loan source details including source release bonds, financial resources, other legal sources of loans from the Government's foreign borrowing sources; According to the purpose of use include loans to invest in economic development-society in the task of provincial budgets, and borrow to invest in projects that have the ability to payback.
3. Repayment plan details of the provincial people's Committee was built according to the details of the repayment from the provincial budget and sources of repayment from recovered from the project.
4. After the provincial people's Council approves provincial people's Committee, to send the loan repayment and plan details for the Ministry of finance to General.
Article 20. Make loans, repayment of local government 1. For bonds: a) people's Committee building project bonds sent the Finance Ministry evaluation and was released only after the bond of the opinion approved by the Finance Ministry in writing;
b) project issued stating the volume of bonds issuance, repayment term, purpose of use, expected interest rates and the ability to recover the capital investment;
c) sequence of bond release procedures are done according to the legal provisions about issuing Government bonds, local government bonds, Government-guaranteed bonds.
2. for loans from foreign loan sources of Government: a) the provincial people's Committee actively coordinated with the ministries function to build the program, projects using capital from the Government's foreign borrowing sources. At the same time enlist, exploit the ability of foreign party funding;
b) the negotiation of foreign loan agreements signed by local governments borrowed back by the ministries function follow public debt management Law and the relevant guidance documents. The provincial people's Committee join the comments with the ministries in the negotiation process;
c) lending back to local Governments follow regulations and legislation for the loans from the foreign capital from the Government.
Article 21. Manage, supervise local government debt 1. The provincial people's Committee made the loan, repay local governments according to the loan limit, plan the loan is approved by the authority. The Ministry of Finance made the loan repayments, the monitoring of local authorities.
2. The deployment of capital repayments made under the principle: a) debt was put on revenue to balance the budget, the provincial budget to repay capital to the layout;
b) debt revenue used for programs, projects, then use programs, projects revenues to repay. The case of revenue from the program, not project enough sources, provincial budget must arrange to pay the debt.
3. provincial people's Committee directed the functional departments in local administration closely monitor the use of the program, projects. Quarterly home program, the project uses the loan sources are responsible for reporting the provincial people's Committee in the implementation of projects, the situation of funds, disbursement, repayment of the payment program, project.
4. provincial people's Committee in implementing the reporting regime, loan repayments situation of local authorities as defined in article 24 paragraph 4/e this Decree. The database of the loan, the repayment of local government is about the Finance Ministry for General reviews, monitoring public debt according to the regulations of the Ministry of finance.
Chapter V ACCOUNTING and AUDITING Article 22. Organization of accounting and audit of public debt
1. Government debt, debt of local government are reflected in the accounting books in accordance with the law on accounting. The Ministry of finance regulations specifically on the accounting of government debt, debt of local government.
2. The audit of the debt loans, repayment of the Government, the local government debt by State Auditors to follow specified accounting legislation.
3. With regard to the terms of the guarantee must be government statistics, tracking the debt obligations of the Government. The Ministry of finance to specific regulations about opening the books of statistics tracking the Government guarantee.
Article 23. Audit program, projects using loans from the Government and local authorities 1. The program, projects using loans from the Government, the local authorities have to be audited by the State Audit or audits.
2. The audit was conducted in accordance with the agreement of the Government's foreign loans (if any), the annual audit plan of the State Auditor or audit the contract due to the undertakings, projects signed with the independent audit at enterprises are established and operate in accordance with the law on auditing.
3. Every year, the advocates, the project is responsible for auditing contract with independent audit businesses to make financial reporting audit in the audit report and the investment completed (at the end of the program, projects) under the provisions of the law on auditing. The case of the year program, the project is in the audit plan to audit the State's mandatory, the master program, the project used results of State audits and not use independent auditors.
4. Costs for audit work program, the project is calculated on the cost of the investment program, project (except foreign lender funded from non-refundable aid sources not associated with the program, projects).
Home program, send copies of project audit reports, annual project programme for the Ministry of Finance (if using government loans) or to the provincial people's Committee (if using loans of local authorities) within thirty (30) days from the date of the audit report is signed or announced by State or corporate audits independent audit. The annual audit report is a base reviews effective use of loans.
Chapter VI ORGANIZATION of the INFORMATION, reports and PUBLICITY ABOUT PUBLIC DEBT article 24. Organize information about public debt 1. Organize information about public debt include: a) to collect, aggregate, reports on the situation to sign loans, funds, foreign Government's repayment of foreign debt, guaranteed by the Government, lenders and loan recovery of Government;
b) collect, synthesize, report on the situation of the loan, the repayment of the Government; loans, repayment of local authorities; loans, repayment of the loan organization in the country is the Government guarantee;
c) share data, documents about public debt between relevant agencies;
d) announced the report on public debt.
2. Information on the public debt is collected, shared, and reports published by the classification criteria are mainly the following: a) according the loan sources include: foreign loans; lenders in the country;
b) by subject borrowers including Government; local authorities; businesses and financial institutions, the credit is the Government guarantee;
c) according to the types of loans including: loan official development assistance (ODA); preferential loans; commercial loans;
d) Distributed as duration include: short-term loans; borrowing the Middle-long term;
DD) according to the type of interest include: fixed interest rate; floating interest rates;
e) by the creditor and the creditor group: official creditors (including bilateral creditors is the Government or bodies representing the Governments and multilateral creditors are international financial institutions multilateral); the private creditors (including the commercial bank; the owner of bonds; the other private creditors not belonging to the Government or non-government representatives);
g) under the debt instruments including: loan agreement; credit slips; bonds; bonds and other debt instruments.
3. The principle of collecting, reporting, data on public debt: a) ensure honesty, objectivity, accuracy, completeness, timeliness;
b) for information not in the category of State secrets protection, organizations, individuals can give to the Ministry of finance in writing, fax or electronic data on the information transmitted via computer networks;
c) for the information in the category of State secrets protection, the Organization provided for the Ministry of finance in accordance with the provisions of the law on the protection of State secrets.
4. The responsibility of the Agency in collecting and reporting on public debt: a) the Ministry of finance is responsible for organizing the collection of data on loans, bonds and foreign government loans of enterprises, financial institutions, credit guarantee and Government loans, issuing bonds of local Government to set up the report as specified in paragraph 1 to article 44 of the law on the Government public debt management to report to Congress;
b) Ministry of planning and investment has responsibility for establishing the report according to the functions and tasks assigned in article 11 of the law on management of public debt and give the Finance Ministry report, include: the implementation of the project of investment attraction and orientation using ODA according to time , the list of official sponsorship requests each year, the planning report and requested catalog attraction sponsored by the sad which official development assistance (ODA) annually; report the situation to mobilize and use its annual ODA according to the current rules on the management and use of ODA; provides six months and annually to the Finance Ministry data relating to national accounts, including:-GDP calculated at the actual price, price comparison;
-Consumer price index (CPI);
-The value of exports of goods and services; growth in exports of goods and services;
c) State Bank of Vietnam has the responsibility to guide and organize the registration, data collection and reporting on foreign loans of enterprises to establish and provide for the Ministry of finance reports covering: General report on the situation of the loan, the repayment of the loan limit foreign and foreign trade of the business , financial institutions, credit; report on the international balance of payments and foreign exchange reserve serves for monitoring the status of the country's external debt;
d) ministries, ministerial-level agencies are responsible for establishing the report according to the provisions in clause 3 of the article 13 of the law on public debt management, including: synthesis report 6 months and annual loan situation, the use of loans and repayments of the subdivisions; report on the estimation of the annual budget, which stated the expected withdrawal of foreign loan capital, arranged for the program, according to the General progress of the project on estimating annual State budget of Government;
DD) provincial people's Committee has the responsibility to set up the report as specified in paragraph 2 to article 44 of the law on public debt management, including: report of the plan and report in six months, on the implementation of the loan, the release of local government bonds, loans from other legal financial sources and repay their annual local details themselves after the Council people of the same level; report the implementation of the program, the project has used the loan, the loan project source foreign government loans in accordance with the Decree of the Government loans back foreign capital from the Government.
e) lending agencies have responsibility for collecting data on the situation, the loans on lending back to form and submit periodic reports to the relevant authorities in accordance with the provisions of the agreement (contract) loan authorization;
g) The server program, ODA projects are responsible to make collecting and reporting on the situation of borrowing and repayment of foreign countries according to the current rules of the Government on the management and use of ODA;
h) enterprises, credit institutions have the responsibility to report on the situation of the loan, the repayment of the loan in and outside the country are government guarantees as defined in the Decree of the Government on the granting and management of Government guarantees.
5. Minister of finance detailing the report form and instructions for doing this.
Article 25. Mode of reporting on public debt 1. With regard to the reported plan of the year: the local ministries, sent the report to the Ministry of Finance on July 20th every year (matching rules on estimating annual State budget).
2. With regard to the report of the implementation of the first 6 months: ministries, ministerial-level agencies, provincial people's Committee submitted a report to the Ministry of Finance on July 31 of every year. After the synthesis report, the Ministry of finance submitted to the relevant authorities at the latest as of August 31 of each year.
3. for the implementation report every year: ministries, ministerial-level agencies, provincial people's Committee submitted a report to the Ministry of Finance on Feb. 15 of next year.
4. for the reports defined in art. 4 Article 24 of this Decree, the Ministry of finance is responsible for the Government report to the National Assembly, the Parliament's authority, and send it to the relevant authority before 31 March of the following year.
Article 26. Public information about public debt 1. Minister of public finance, providing information on the situation of the loan, the repayment of foreign and domestic government debt, are the Government guarantee; loans, repayment of foreign countries, the local Government's debt under the provisions of the law through the release of news about the public debt.
2. Newsletter on public debt are the Ministry of Finance released 6 months by Vietnamese and translated into English in the form of publications and data on the website of the Ministry of finance. Funding for the implementation of printing, publishing and publicity newsletter on public debt in the estimation of the annual operating budget of the Ministry of finance.
3. Minister of finance detailing the form used to release the newsletter on public debt.
Chapter VII ENFORCEMENT PROVISIONS article 27. Effect 1. The Decree has effect from the date of August 30, 2010.
2. The regulations of the Government, ministries, ministerial agencies, government agencies contrary to this Decree content most effective since the date this Decree is in effect.
Article 28. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, businesses, organizations, individuals responsible for the implementation of this Decree.