The Decree of the GOVERNMENT DECREE issued regulations of borrowing and repayment of PRINCIPAL foreign PHỦCăn government organization law on September 30, 1992;
Pursuant to the law on State budget of 20 March 1996 and the law amending and supplementing some articles of the law on the State budget of 1998-06/QH10 on 20 May 1998;
Pursuant to the law the State Bank of Vietnam on 12 December 1997;
Pursuant to the law on credit institutions in December 1997;
According to the recommendation of the Minister of finance, the Governor of the State Bank of Vietnam, Minister of planning and investment, the Minister of Justice and Minister, Chairman of the Government Office, the DECREE: article 1. Attached to this decree a regulation on management of the loan and repay foreign. Article 2. This Decree takes effect after 15 days from the date of signing and replacing Decree No. 58/CP of the Government on August 30, 1993.
Article 3. The Minister of finance, the Governor of the State Bank of Vietnam, Minister of planning and investment and the heads of the relevant bodies responsible for implementation and guidelines, check out the enforcement regulations of borrowing and repayment of foreign countries attached to this Decree.
Article 4. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, central cities and heads of the relevant agencies responsible for the implementation of this Decree.
 
REGULATIONS of BORROWING and REPAYMENT of FOREIGN COUNTRIES (attached to Decree No. 89/1998/ND/CP dated 11 November 1998 from the Government) REGULATIONS chapter I CHUNGĐiều 1. In this regulation, the terms below are interpreted as follows: 1. Foreign loans are loans of short, medium or long term (with or without interest) by the State Government, Vietnam Vietnam Vietnam is legal or business (including business for foreign capital investment) loans of international financial organizations, of Government, of the foreign bank or of the Organization and other foreign individuals (hereinafter referred to as the lender country In addition).
2. short term Loan is the loan term loan up to a year.
3. medium or long-term Loan is the loan term loan on a year.
4. foreign Government Loans are the loans by the authorized agency of the State or the Government of Vietnam signed the loan with the lender abroad under the name of the State or the Government of the Socialist Republic of Vietnam.
Foreign government loans include preferential loans to support official development trỡ (ODA), commercial loans or export credit and borrowing from international capital markets through the issuance of bonds under the name of the State or Government (including debt conversion bonds) overseas.
5. Foreign Loans of enterprises is the loans because the business is established and operating under the laws of Vietnam (including enterprises invested abroad) directly signed the loan with the lender under the loan itself overseas, responsible repayment , or borrowed through the issuance of bonds abroad (corporate bonds, bank bonds etc.).
Foreign loans of enterprises include: Loans are guaranteed by the Government;
Lenders have the guarantee of a bank or other secured form is prescribed under article 23 of this regulation;
There is no guarantee or loan guarantees.
6. Guarantee foreign loans is committed to the Agency's guarantee with foreign lenders on the repayment in full, in time of the borrower (the business). Case the borrower does not pay the debt or pay not enough debt when due, the guarantee agency will be responsible for paying the debt instead of the borrower.
Foreign loan guarantee has 2 types: the guarantee of the Government: the Ministry of finance or the State Bank of Vietnam is the authoritative Government granted under the Government's guarantee for foreign loans.
These loans are guaranteed by the Government be administered as loans by the Government.
The Bank's guarantee: due to the Bank of Vietnam granted according to the regulations of the guarantee and the guarantee by the State Bank of Vietnam Governor regulation. The terms of this guarantee cannot be considered the Government's guarantee.
7. the loan agreement consists of the loan contract or extra loan agreements between the Agency, the Government Organization entrusted with the execution of the loan back foreign capital with government institutions, domestic units used on the capital. The conditions of the loan paid back their loan agreements may differ from the conditions of the loan agreement to pay loans signed with the foreign lender.
8. reciprocal Capital of projects using foreign loans (hereinafter referred to as the reciprocal Capital) is the capital of the country required that the Vietnam spent to carry out projects with foreign loans.
Reciprocal capital may be the foreign currency (cash deposits, money enter the equipment not used loan ...) or Vietnam Dong (the genus for the survey, design, clearance compensation, construction, insurance and tax money ...).
Article 2. Unity Government manage the repayment of foreign loans, the country and the assigned task for the Ministry is as follows: 1. Ministry of planning and investment's responsible: national strategy of borrowing and repayment of foreign and General long-term plans about the loan and pay the foreign debt of the country consistent with the strategy of economic development of each country's social time States and national strategy of borrowing and repayment of foreign countries.

In collaboration with the Ministry of finance and the State Bank of Vietnam in foreign debt management process at the macro level.
Perform other duties as assigned by the Government in article 14 regulations and using ODA attached to Decree No. 87/CP dated 5 August 1997 from the Government.
2. The Ministry of finance is responsible for: host, in collaboration with the State Bank of Vietnam and relevant agencies to build the State's policy in the field of management of external debt consistent with the national strategy of borrowing and repayment of foreign and national financial policy.
Hosted, in cooperation with the Ministry of planning and investment, the State Bank of Vietnam building loan plan and pay the Government annual overseas Prime program approval. Synthesis of the implementation of the loan and pays the annual external debt of the Government and in coordination with the State Bank of Vietnam General situation of the loan and pays the annual external debt of the country reports the Prime Minister.
Financial management for the Government's foreign loans (including ODA incentives loans, commercial loans and government loans through government bonds), the level of Government guarantee for the enterprise (except credit institutions) foreign loans according to the decision of the Prime Minister.
The Organization conducted the foreign debt of the State and of the Government from the State budget.
Perform other duties as assigned by the Government in article 14 regulations and using ODA attached to Decree No. 87/CP dated 5 August 1997 from the Government.
3. State Bank of Vietnam is responsible for: managing the loan, repayment of foreign enterprises in all economic sectors, level of Government guarantees for loans to credit institutions abroad by decision of the Prime Minister, the instructions and check the guarantee of the commercial banks.
Hosted, in cooperation with the Ministry of planning and investment, the Ministry of finance to build the plan of commercial borrowing limit of the business process the Prime Minister for approval.
Synthesis of the implementation of the loan and pays the annual external debt for the loan of the business reported the Prime Minister and the Ministry of finance to the general situation of the loan, the repayment of a foreign country's annual overall.
Total plan limit operating loans of foreign commercial enterprises; organize registration of foreign loans of enterprises.
Perform other duties as assigned by the Government in article 15 regulations and using ODA attached to Decree No. 87/CP dated 5 August 1997 from the Government.
4. The Ministry of Justice is responsible for: join comments on legal matters in the agreement on the Government's foreign borrowing and to enterprise's guarantee by the Government before the prime consideration, decision.
Commenting on the different issues between the agreement on the Government's foreign loans and domestic law; monitor the handling of this issue in the process of implementing the commitments on loans and foreign debt.
The legal opinion issued in the case of need for foreign loan agreements of the Government and of Government-guaranteed business or join comments on other legal issues involved as proposed by State agencies or businesses.
Article 3. The actual requirements of the base the management of foreign debt, the Prime Minister might formed an interdisciplinary appropriate mechanisms on the management of foreign debt. Going forward, when necessary, the Prime Minister may be delivered to the financial and Monetary Council (established by decision No 23/1998/QD-TTg dated 31 January 1998 of the Prime Minister) consulted a number of major issues related to external debt as the national strategy of borrowing and repayment of foreign countries large projects, foreign loans and foreign debt was handled.
Article 4. In case the content of the draft agreement, loan agreement or guarantee foreign loans have terms due to the foreign lender raised not consistent with the law of Vietnam, chairing talks, that agreement must coordinate the relevant agencies (the Ministry of finance The Ministry of planning and investment, Vietnam's State Bank, the Foreign Ministry, the Ministry of Justice) for comments the Prime Minister reports to review the decision, or suggest the Prime Minister the President consider, decide the terms do not match the text of laws and ordinances.
 
CHAPTER II MANAGEMENT of the LOAN and the REPAYMENT of OFFICIAL FOREIGN PHỦĐiều 5. The management of the loan and the repayment of the foreign Government must meet the following basic requirements: 1. Ensure the borrowers and foreign debt are made according to the national strategy of borrowing and repayment of foreign countries to attract all the appropriate capital optimization from outside to serve the economic development plan of the country's society in each period.
2. Layout proper loan sources with priority project list, and energy payback ability in water (reciprocal Capital, manpower) of each project in order to facilitate project implementation schedule and use the loan effectively, create the source of Exchange and capital accumulation in the water to meet development goals at the same time guarantee repayment to foreign lenders Party.
Article 6. The basic principles of the management of the loan and repay the Government's overseas:

1. Unity Government loans debt management, foreign debt of the Government on the basis of the national strategy of borrowing and repayment of foreign, tracking and monitoring of loans and foreign debt according to the limits and annual and long term planning, the application of the policy and financial tools to ensure the structure , the time limit and the total debt justified in order to ensure the required balance of macro-economic and development needs of the country in each period.
2. Government agencies, associations and institutions administration levels was not allowed direct foreign loans.
3. The State bodies, organizations, receiving unit and foreign debt capital used by the Government to use the debt capital in accordance with the approved project, and are responsible for recovery of full, timely debt loans from loan funds of the Government to implement the Government's obligation was committed with foreign lenders.
Article 7. The management and use of foreign loans the Government must accord with the law on State budget and made under the financial mechanisms for the following: 1. for loans for investment development projects: a) Government will make allocations from foreign debt capital under the regime of State budget allocations for infrastructure investment projects 2nd floor, social welfare and other areas in the project can not afford direct payback, such as: the system of bridges and national road traffic axes, the public transport networks, urban, mountainous roads and rural infrastructure construction, rail, aviation , sea Harbour Bridge; rural clean water distribution network and the mountains; the municipality of drainage and waste disposal activities; the construction of investment projects in the health sector, education, scientific research, environment, basic investigation, television broadcasting; the project on afforestation, watershed forest, the project on irrigation, flood prevention.
The Ministry of planning and investment, coordinated with the Finance Ministry and the Prime Minister for specific categories of projects to be allocated funding from the Government's foreign loans before the international treaty framework or agreement on project list was signed with foreign lenders.
b), in the other development projects have the possibility of divestment (including infrastructure projects): a project for the Government loan, the loan debt recovery and ported to fund accrued debt because the Finance Ministry managed to pay the foreign debt when due.
The Ministry of finance and lending institutions guidelines back foreign government loans for investment projects developed through the System Of development investment Bureau. The total development investment Bureau is responsible for the management and recovery of capital from investors to submit to the State budget, at the same time be entitled to fees for the loan under the provisions of the Prime Minister.
The loan conditions base pay has signed with foreign countries, the ability to recover the capital investment projects developed by foreign loans, the Ministry of Finance regulates the conditions for the loan again for each specific loans according to the following guidelines: the deadline for the loan again match the time stated in the project feasible.
Review: lending rate for commercial loans: Government loans back in foreign currencies according to the interest rate and loan fee plus a service fee of foreign lenders in the country.
For ODA loans: for loans in foreign currency or money again Vietnam according to the interest of the State investment credit (according to each currency) by the Prime Minister to decide. This includes the interest rate lenders charge back in the water.
The special case require regulation of the loan conditions are different to the above principle, the Finance Ministry and the Prime Minister to decide.
2. for loans under the credit program: the Finance Ministry signed the contract for the appropriate bank loans back to lenders or lending service back to the user the last loan (private, business ...) according to the conditions for the loan was approved by the Prime Minister.
Unless otherwise clearly specified the Prime audience for the last loan, the banks lending the Government's loan to continue lending is entitled to choose the loan object match credit program agreed with foreign loans, and assume all risk in the loan process again for those objects.
3. for loans in foreign currency borrowing or using the goods not directly associated with the project: a borrowing of foreign currency), including by issuing the bonds, are transferred to the Exchange Fund by the Ministry of finance centralized management. Private loans to support the balance of international payments are transferred into foreign currency reserve fund by the State Bank of Vietnam. All foreign currencies foreign loans used by specific decision of the Prime Minister.
b foreign borrowing) with the goods: loans by goods identified objects in water using the loan: the Finance Ministry Vietnam money conversion to State budget revenue accounting and accounting spending allocations or loan again for the object is used.
Loans by unspecified goods subject to specific use: the Ministry of finance organised the import items, auction and paid into the State budget.

Article 8. The program, developed investment projects using foreign government loans to ensure the following conditions: a) listing program, the project must be recorded in the investment plan of development of the State as well as of ministries and local.
b) program, the project was approved by the authorized under current rules.
The Agency was appointed to negotiate the loan agreement are responsible to check on conditions before signing the loan agreement with the lender.
In the case of a foreign lender required project, the program was funded to have evaluation and approval of them, the owner must exchange with foreign lenders and appraisal results report of the foreign agency chaired loan negotiations before signing the agreement.
Article 9. The owner or the Bank to use foreign government loans in the form of loans have repayment loan liability for the State budget in accordance with the provisions of the loan agreement. Loan repayment funds for the State budget is the basic depreciation and profits after tax by law. Case of payment due, if the sources say on not enough, must use the funds of the enterprise and the legal capital to repay the loan.
The agencies, institutions are the Ministry of finance authorized to make loans has the right to adopt the necessary measures consistent with the provisions of current credit and the rule of law to ensure the recovery of the debt and repaid the State budget in full, on time.
Article 10. Based on the State budget plan to pay the foreign debt has been approved by the Government, the Ministry of Finance made the repayment in accordance with the Government's commitment to the foreign lender. In case of need the Ministry of finance and the relevant Ministry to negotiate with foreign creditors about limits, time limits and proper repayment form (pay by money, by goods, exports of services or convert debt into investment...).
To create the source of debt and limit the risks for the State budget in the borrowing and repayment of foreign debt accrued funds in the State budget due to the Ministry of finance management on the basis of debt revenue from lending projects and loans which the Government's foreign aid the money, a charge the Government's guarantee and other revenue sources by the Prime Minister. The Minister of construction finance fund management regulation accrued repayments the Prime Minister for approval.
Article 11. All programs, projects using foreign capital of the Government are to be deployed fully and timely reciprocal capital.
Capital for the project in an allocated state budget must be balanced in the planning of the annual State budget. The planning, approval and reciprocal capital allocations for the projects in the State budget allocated to comply with the law on the State budget and the guidance documents under the relevant law and consistent progress of the project.
For the project loans from the foreign capital from the Government, the investor must own reciprocal capital, and preferred credit resources borrowed from the State or from a national investment fund.
The Ministry of planning and investment and the Ministry of finance is responsible for the layout and enough capital in the annual State budget for projects in the State budget allocated and guide the owner to register loans bad credit resources from the State or national investment fund.
Foreign loan agreement specific to the project were signed only after the owner has identified enough reciprocal capital.
Article 12. Owner when establishing investment projects to foreign loans must be fully calculated the taxes to be paid by law.
The case of insufficient funds to pay taxes according to regulations, the investor must get the debt with a budget of tax number with the loan and is responsible to reimburse the budget when the project goes into operation under the guidance of the Ministry of finance.
Article 13. The release of these types of bonds under the name of the State or the Government for loans on the international capital markets is done according to the current rules of the Government about the release of bonds. The Prime Minister decided to use inflow from international bond issuance.
 
CHAPTER III GUARANTEES of POLITICAL PHỦĐiều 14. The principle of granting guarantees of Government: foreign loans of the business used to develop production according to the ritual of the loan, the repayment responsibility to comply with the provisions in chapter IV a of this regulation. The case of the foreign lender to ask for guarantees of the Bank shall follow the regulations of the guarantee and the guarantee by the Governor of the State Bank of Vietnam. For the projects of foreign commercial loans exceeds the ability of the bank guarantee and foreign lender has asked Vietnam government official stands out of guarantee, the Government can consider granting loan guarantees to trade for the following special case: a) the project is of great importance in the economic development plan of the country.
b) project entered the high-tech equipment or to produce the type of export request priority.

c) commercial loans go along with aid or ODA loans to form funding in the form of a mixed credit.
Article 15. The object was the guarantee: the object is the guarantee of the Government's State enterprises or institutions of the State Government to allow direct foreign loans under the loan, paid self method to implement the investment project development, joint ventures with foreign capital contribution, or expand credit operations. Special cases, according to the actual requirements and the Agency's recommendation to grant the guarantee, the Prime Minister may decide to permit the level of Government guarantee to each specific object in addition to the above mentioned objects.
Article 16. Conditions for granting the guarantee of the Government: there are viable projects to be approved by the authorized under the current rules, which specify loan repayment schemes.
The loan contract and/or commercial contracts concluded and to be the competent bodies for approval under current rules.
With regard to the Organization and active units: operations and financial situation of the unit guarantee in the normal state.
Article 17. Government guarantee-issuing body: Ministry of Finance on behalf of the Government to consider granting bail for business (except credit institutions) by decision of the Prime Minister.
Private cases guarantee commercial loans go with non-refundable aid or ODA loans to make up for funding in the form of a mixed credit, the Prime Minister authorized the Finance Ministry to consider the decision to grant bail to businesses under the investment project has been approved by the Government.
The State Bank of Vietnam on behalf of the Government to grant guarantees for credit institutions by decision of the Prime Minister. After the granting of guarantees, the State Bank of Vietnam posted a record bail for the Ministry of finance to General management track the level of guarantee by the Government.
Article 18. The level of guarantee: total Government guarantee level limit every year including the guarantee of the Ministry of finance and the State Bank of Vietnam a maximum of 10% of the State budget revenues that year. If the guarantee demand each year exceeds the maximum level on the Finance Ministry, the Prime Minister must decide.
The Government made the loan guarantee by foreign loans. The loan business case from multiple sources, then the limit of the maximum loan amount the Government guarantee for a business is regulated as follows (unless a special decision by the Government of Prime Minister): for enterprises in the energy sector, oil, gas, transportation, urban public works , steel industry, information technology: total maximum guarantee for a business by 12 times the number of the existing equity of the enterprise at the time the guarantee proposal (including the State budget allocated for enterprises in the case of State enterprises, the Enterprise Fund and additional capital from profit).
For enterprises in the production of other material: the total level of the maximum guarantee for a business with six times the existing equity of the business.
For credit institutions: the total level of guarantee for a credit institution not exceeding six times the capital of credit institutions.
The total of the above mentioned guarantee must limit minus balance of unpaid foreign loans of credit organizations or businesses that until the level of guarantee.
For the project to establish a new business, the level of guarantee by the Prime Minister to consider and decide each case specifically.
Article 19. The guarantee must be submitted to the Agency granting the guarantee the Government a maximum guarantee fee is 1.5% per year calculated on the amount being guaranteed. Collected funds are added to the cumulative Fund to pay foreign creditors said in article 10 of this regulation, including the cases of the guarantee agency is the State Bank of Vietnam. Specific fees and granting agency deadlines guarantee specific provisions based on the likely payback and the priority of each project.
In addition, the guarantee must submit review fee and a fixed guarantee level for the guarantee level to offset the costs incurred in the process of review and granting of guarantees. The extent and duration of this fee by Ministry of finance regulations.
Article 20. The guarantee agency the Government is organizing the final assessment of the application for bail to report to the Prime Minister for approval and is done all the liability of the guarantor to the foreign lender. In the case of the guarantee do not have the ability to repay has maturity, the guarantee of the Government agency responsible for implementation of the measures and the financial instruments of credit according to the applicable law to have repayment sources. The case has used every measure, the aforementioned tools which are still lacking or without repayment source shall be permitted to use accrued Fund to pay foreign debt.
Handling the problems arising between the guarantee and the guarantee agency will be made according to the regulations of the guarantee of the Government, consistent with the applicable law of the State of Vietnam and international practices.

Article 21. The Ministry of finance in cooperation with the State Bank of Vietnam building regulations of the guarantee of the Government, the Prime Minister issued the order to materialize the realization of the principles and rules of the Government guarantee level referred to in this chapter.
 
CHAPTER IV MANAGEMENT of the LOAN and the REPAYMENT of FOREIGN BUSINESS NGHIỆPĐiều 22. The borrowing and repayment of foreign businesses to follow the following guidelines: 1. Businesses of all the economics are established and operate according to the law of Vietnam has the right to direct foreign loans under the loan order method, responsible for the repayment of foreign loans in the proper side of the condition has committed. In any case would also not be allowed to move your business into debt owed by the Government, unless the Government loan guarantees outlined in chapter III of this regulation.
2. Chinese foreign loans, long-term (even in the form of international bonds) of the business must be located in the planning of the annual limit has been the Prime Minister for approval and meet the conditions on medium and long term loans by the State Bank of Vietnam regulations in each period; must be registered with the State Bank of Vietnam and the State Bank of Vietnam was confirmed; must periodically report the State Bank of Vietnam on the State funds and repay according to the mode reported by the Governor of the State Bank of Vietnam.
For the State enterprise of foreign loans: agreement must be the State Bank of Vietnam to join the opinion before signing. For the case of a Government guarantee to follow the provisions of chapter III of this regulation.
3. short-term foreign loans of enterprises must meet the conditions of short-term loans by the State Bank of Vietnam Governor regulation for each period. The Governor of the State Bank of Vietnam the Prime browse short-term debt limit every year, including deferred letter of credit limit for the Bank.
4. The withdrawal of the loan and transfer the money to pay the foreign debt of the business is done through the banks operating on the territory of Vietnam allowed foreign exchange activities. The case of funds, repayment by commodity assets (tangible or intangible) not made through banks, enterprises must report under the provisions of the State Bank of Vietnam, and when necessary, to the opinion of the governing body of the State of the industry, the relevant field.
5. foreign loan enterprises are obliged to use the loan for your purposes, do not use short-term loans to investment projects for medium and long term, repaid the debt (principal and interest) in accordance with the commitments in the debt contract signed with foreign lenders, bear all risk and responsibility before the law of the State in the process of performing loans and pay debt.
6. for the medium and long term loans of enterprises under this regulation, the Bank just made funds and transfer the money to pay for foreign debt according to the requirements of the business when the loan has been registered and the State Bank of Vietnam has been confirmed in writing.
The State Bank of Vietnam specific instructions, procedures and records of foreign borrowing conditions of the business in order to implement the above principles.
Article 23. The form of loan guarantees: 1. where the lender's loan request foreign enterprises must have the guarantee of the bank guarantee will be made under the guarantee regulations and foreign loan guarantee by the Governor of the State Bank of Vietnam.
Foreign loan business can seek guarantees of non-residents (banks, financial institutions or foreign company credit ...) but must ensure the conditions of guarantee are not contrary to the law of Vietnam. For State enterprises, the message content must be guarantee State Bank Vietnam joined the opinion.
2. in case of business loans require the guarantee of the Government, the Ministry of finance or the State Bank of Vietnam made the guarantee according to the provisions in chapter III of this regulation.
3. The bank guarantee is decided and the final responsibility of the foreign loan guarantee business. The case found not eligible for the guarantee under the guarantee and the guarantee, the Bank must announce in time for the business to know. The bank guarantee is also allowed to choose and apply one or more of the measures ensuring repayments under the provisions of the law, such as escrow, mortgage, pledge for each project or specific loans.
4. where the business is not guarantee repayment to foreign countries when due, the guarantee agency are responsible to pay the debt instead of the enterprise; at the same time have the right to adopt the necessary measures in accordance with the regulations on credit and other provisions of the law of Vietnam to recover the debts were paid instead of the business.
5. enterprises could use the assets formed from loans or other secured forms in accordance with the law of Vietnam to secure the foreign loans.
6. for foreign loans with no guarantees or warranties, then the parties make the loan agreement itself responsible for any risks.

Article 24. Within 30 days of the official signing the contract the medium term or the long term (with or without the guarantee of banking) businesses and loans credit institutions must provide a copy of the text has signed with a foreign lender to the State Bank of Vietnam and for the guarantee agency.
 
Chapter V the WORK report, inspection TRAĐiều 25. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee and the central cities and the heads of the central bodies of the unions masses responsible to the Prime Minister about the inspection, monitoring and use of foreign loans by the Government or a Government guarantee for the project in the program, the scope of the Agency's management, local. Article 26. The Finance Ministry, the State Bank of Vietnam, the Ministry of planning and investment and Government offices have the responsibility to guide and help the local ministries, in the work of supervision, and according to their functions directly inspect, supervise the management of the use of foreign loans by the Government and the implementation of the obligations of the loan business foreign countries specified in the loan agreement or the loan agreement.
The inspection, monitoring investment projects or the construction using foreign loans are in accordance with the current rules on the management of investment and construction.
Article 27. Periodic reporting made the program, the project by the source of the Government's foreign debt (including the Government) made in accordance with the provisions of Articles 28 and 29 of the regulations and to use ODA attached to Decree No. 87/CP dated 5 August 1997 from the Government.
Article 28. Quarterly, or as needed, the direct business loans to foreign countries must report the State Bank of Vietnam, the guarantee agency and direct administration (for State enterprises) the implementation of the loan contract (withdrawal of capital situation, use the loan and repayment) and subject to the test inspection, as specified by the Governor of the State Bank of Vietnam.
Article 29. Every year, the Ministry of finance is responsible for the synthesis report prime loan situation and pay the foreign debt of the Government and of the country, the situation of lending and loan recovery by the Government, and the State Bank of Vietnam and sent the Ministry of planning and investment.
The State Bank of Vietnam has the responsibility to report the situation of prime loans, repayment of foreign enterprises and credit institutions.
 
CHAPTER VI PROCESSOR PHẠMĐiều 30. The heads of the direct administration of the State enterprises, institutions and foreign loan responsible to the Government about the effectiveness of its loan projects approved or recommended for approval by the authorized permission of foreign loans. Cases due to incorrect implementation of the current provisions on the review of the investment projects evaluation or by loan, the wrong decision about investment policy, causing economic damage, the founder and the approval, depending on the extent of the damage to be responsible before the law.
Investors using foreign loans, including loans, government loans back if so happens the situation not to be in debt because of the subjective cause, such as inefficient use of capital, to waste, loss of capital, causing a bad influence to the Government and reputation damage to the State budget shall be responsible before the law.
Organizations and individuals violating this Statute and related legal texts, depending on the level of violation, will be handled administratively or to compensation for damage in accordance with the law. Serious violations will suffer prejudice criminal liability./.