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47-Cp: Decree On Issuing Temporary Regulations On Foreign Debt By Goods Exported

Original Language Title: Nghị định 47-CP: Về việc ban hành quy chế tạm thời về trả nợ nước ngoài bằng hàng hoá xuất khẩu

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Decree on issuing temporary regulations on foreign debt by goods exported.
 
The GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
According to the proposal of the Chairman of the State Planning Commission at no. 758/UB-LTVTHH/KTĐN on April 17, 1993;
DECREE: article 1.-attached to this decree a temporary regulation on foreign debt by goods exported.
Article 2.-Regulation attached to the Decree has effect from the date issued and replacement for article 12 of Decree No. 114-dated 7 April 1992 of the Council of Ministers (Government).
Article 3.-the Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's committees of provinces and cities under central is responsible for guidance and enforcement of regulations attached to this Decree.
 
INTERIM RULES on FOREIGN DEBT by GOODS EXPORTED (accompanied by Decree No. 47-CP on 26-6-1993 of the Government).
 
I. GENERAL PRINCIPLES article 1.-the total export turnover of foreign debt is part of the foreign debt has been approved by the Government in the annual budget plan.
Article 2.-the Ministry of Finance jointly chaired the State Planning Commission, the Ministry of commerce plans to pay the foreign debt annually for each country (each object separately), on the basis of the ability of incomes and expenses budget, balance of trade, at the same time taking into account the trade relations with each country.
Article 3.-the repayment plan bases abroad are approved by the Government, the Ministry of Finance notifies the State Planning Commission, Ministry of Commerce and the relevant departments about the repayment limits specific to each country (each object separately). On that basis, the Ministry of trade and industry was assigned to conduct the negotiations, signing the relevant agreements with the foreign goods exported in the debt limit and the export structure of the export plan.
After signing with the Ministry of foreign trade related fields the Prime Minister approved the document, the relevant agreement was signed and submitted to the State Planning Commission, the Ministry of finance and the State Bank to deploy the repayment plan.
Article 4.-According to the agreements signed with the foreign, the State Planning Committee chaired the same Ministry of Commerce, Ministry of finance planning repayment limit allocation (according to the principles and the method outlined in part II of this Regulation) the Prime Minister for approval prior to the official announcement , to ministries, sectors, localities and enterprises.
Article 5.-in the process of implementing repayment plan, if the foreign country necessarily suggest structural changes order of repayment, the Ministry of Commerce, the associated industry must promptly inform State Planning Committee to plan layout in the approved limit.
Article 6.-goods exported under the Government's repayment plan is produced in Vietnam and are paid from State budget sources, according to the exchange rate for each group of rows, items.
II. principles and METHODS a REPAYMENT LIMIT ALLOCATION) the principle of allocation: article 7.-repayment of export goods are allocated according to the value of exports (repayment threshold), not by number; the total value of the goods allocated to match repayment limit that the budget has been arranged.
Article 8.-priority allocation for the local industry, the production of these items in the category of repayment was signed at the same time have hard on the budget. First priority allocation for the production units are currently difficult state of the market and have the products in the category of repayment.
b) method of allocation: article 9.-for those items already assumes the capability and capacity of the airline industry and production units, the State Planning Commission, Ministry of Commerce allocated directly for the airline industry, the production units on the basis of the proposal of the Ministry, and local industry , with the rest allocated to ministries, branches and localities are distributed to businesses directly and notify the State Planning Commission, Ministry of Commerce and the Ministry of finance said.
Article 10.-the Ministry of finance and the State Planning Committee of the debt limit must be allocated on the basis of the balance with the possibility of spending the budget for repayment plan (year and each quarter).
III. RESPONSIBILITIES of the AGENCIES and UNITS RECEIVE REPAYMENT LIMIT article 11.-on the basis of repayment limit approved and announced for enterprises, Ministry of commerce need to: inform the foreign partners of the North Vietnam;
General guide to the business of foreign exchange contract; direction of prices and other commercial conditions; export license (if needed), check to ensure the quality of the goods has signed;
Specify the units are eligible for the repayment took delivery of clue; check the Unit ensures the correct implementation of the contract and get the clue.
Article 12.-the Ministry of finance needs to: Home values along the Ministry of Commerce, Government pricing Committee, the State Planning Committee of the building and issued circulars define the principles of the payment rate for export repayments for each item, item group;
Chaired the task rate between the Vietnam and the Board foreign currency debt (consisting of representatives of the Ministry of finance, Ministry of Commerce, the State Planning Committee, government offices and the export unit of repayment) to The billing rate decision;
In coordination with the State Bank, enact timely payment of money for the business has delivered to repay or service revenue excluding foreign debt of the State according to the current rules of the Ministry of finance, if slow payments from one month upwards since full payment records in accordance , then pay interest under the loan interest rate which banks loan businesses.
Article 13.-Bank need to: monitor the turnover in the business make repayment to the receiving bank with debt settlement the country on account of Vietnam;
Timely notification to the Ministry of finance when the Bank received the debt of countries reported to have (got) for each shipment has been delivered.
The direction of foreign trade Bank in the foreign payment procedures to debit the foreign State.
Article 14.-The delivery business to repay the need to: ensure the correct implementation of the assigned debt limit; the conditions of price, quality and delivery time the goods have been signed;
Was the right to choose the business does clue yourself out of the business was appointed as focal point of delivery of repayment according to the allocated quota.
Article 15.-The clue business entrusted delivery and repayment need to: ensure publicity with his business that made the clue about the content of the foreign exchange contract, about transaction costs, payment rates and implement other commitments.
Are only allowed to receive fees reasonable clue, must not exceed 1% of the value of the export contract shipment to repay (FOB price).
Article 16.-the State Planning Commission is responsible for the same Ministry of finance, Ministry of Commerce, the State Bank and the ministries, local owner operator make the repayment plan. In case of problems born beyond the jurisdiction of the State Planning Committee, to ask the opinion of the Prime Minister. Quarterly, the State Planning Commission's general situation, reported the Prime Minister results of repayment plan./.