IT ' S SMART

Guidance on the review of the valuation and payment of export goods and foreign debt services.

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Based on Decree No. 40 /CP on 3/7/1995 of the Government and Directive No. 4125 /KTTH on 31 July 1995 by the Prime Minister assigned to the Minister of Finance, deciding the payment rate for export items and foreign debt services the Ministry of Finance has been issued. The document does not yet qualify for bidding by Protocol No. 40 CP, the Ministry of Finance that specifically instructs the implementation of the following text:

I/ PRINCIPLES AND PROCESSES, WHICH DECIDE THE RATE OF PAYMENT

1-Range applicable:

The principles and regulations, which decide the regulatory rate at this I am applied to items, export groups, unqualified debt services apply the bidding mechanism under the Bidding Statute, which still imples the allocation of debt payout. for businesses to follow guidelines at article 8 Resolution 40 CP on 3/7/1995 of the Government.

Every year, based on a plan to repay foreign debt by the government's goods and services, the Minister of Finance will have a specific announcement of the unqualified items applying the above-speaking bid mechanism.

2-General Principles:

-annually, the Ministry of Finance will publish in front of a specific exchange rate for untenable debt items, which aims to help units of production and export of its outstanding debt-based debt, lowering the export of exports and being the basis for table with customers. Prices export to the government's general direction.

For items and repayment services there is not yet sufficient base to determine before the rate of the exchange rate (which has not yet paid off debt before or has no exchange rate for other markets has similar export and price conditions ...), then after having a negative index. to export debt, the Ministry of Finance will hold a review and decide on the specific process rates set at point 3.2 below.

-The rate of the exchange specified for each item or the group of items that pay off the debt per country will apply to the entire export index paying off that item in the year of planning, not considering the rate by each shipment or by each foreign contract.

-Stock rates for each item, group or specific services said above do not exceed the maximum rate of ceiling (maximum) issued by the Ministry of Finance annually, the base to the general balance on the basis of a foreign debt plan from the State Budget has been established. The government approved.

The ceiling rate will be announced on the return of the transfer ruble debt and pay off the free currency exchange of the USD.

3. Process and Publish Rate

3.1: For the types of items, groups and types of services that can be based on the payment rate of the year before the stock, the Ministry of Finance will review and publish it at the rate of the exchange rate after the signing of the Protocol or the debt-payment agreement with foreign creditors.

3.2: For the non-3.1 non-section cases, the base on the pay-only payment is delivered, businesses are designated as the head of the need for valuation methods sent to the Ministry of Finance to review and publish the payment rate for the item, the export group or the kind of repayment service.

-At a minimum of 10 days since receiving enough of the methodology and compelling documents, the relevant detail of the details, the Ministry of Finance will hold a review and announce the rate of the stock. For some special cases that need to refer to the opinion of the relevant ministries, or need to redefine the calculated basis and recommend the rate of the investment business, the Ministry of Finance will inform specifically the plan to review and announce the exchange rate. price for related investment businesses to co-coordinate.

-The valuation method is calculated based on the cost of the cost and cost of the production of the business, the validity of the business and the savings spent on the State Budget. Foreign prices (exports and services) are based on the previous implementation price, which is taken into account the volatility of prices on the international market at the time of the rate review, or base on signed foreign contracts and approved by the Ministry of Commerce. You know, according to every specific case.

3.3: After the Ministry of Finance announced a specific rate of rates for debt-paid items and services, businesses that lead the export or as a service should accept the rate of announced rates will go to the Ministry of Finance (Foreign Finance Case) to sign the order. (for example).

3.4: In the course of execution, if due to the pricing situation in the outside country that has mutations that lead to the payment of the rate in which the announced rate is no longer appropriate and needs to be adjusted again, the base at the recommendation of the business and of the tangible ministries. (The top governing body, the Ministry of Commerce, the Government Board of Physics), the Ministry of Finance will review and decide how the price of the price of the rate has announced.

II/ REGULATIONS ON EXPORT OF EXPORT GOODS AND DEBT REPAYMENT SERVICES

The provisions for payment stated in this Notice are applicable generally in both the implementation of the bidding method and the allocation of debt paid by the Government's Resolution 40 CP.

1. Payment records:

The investment business after having already exported and provided services to foreign countries to subtract debt to the State under the Orders signed with the Ministry of Finance, when it came to the Treasury to make the payment of the order payment order for the Ministry of Finance (Financial Cases). Foreign policy-specific default default payment profile:

1.1: For the businesses to export the debt: The Ministry of records includes:

-The export bill.

-Single transport (copy)

-export permit if the Ministry of Commerce has a regulation (copy)

-Confirmed export of the store (copy)

-The confirmation of the Bank of Foreign Trade TW "has made the procedure to send word to minus debt" or " has been foreign except for debt. " according to the current rules.

In the following specific cases, businesses must submit additional documents:

a) Case minus debt by free currency exchange (USD, SFr, DM ....):

-The exchange rate between the VN and the free foreign currency convertirated by the Foreign Bank TW announced on the date of the debt (or the date of the testimony from going to pay the debt) according to confirmation by Foreign Bank T.W.

b) The business case recommenation of the export of the export export tax export tax has filed under the current regulation:

-The receipt of the export tax is accompanied by a mandate of the transfer spending (or cash filing) under the template issued by the Ministry of Finance (the main copy or copy of the evidence)

-The confirmation certificate has filed a tax on the Budget (the main copy or copy of the evidence) marked and the signature signature of the State Treasury accountant where the money is paid.

c) The case of foreign partners suggested that we re-export to the third country:

-The official offer text of the business is to deal with foreign debt (or expressed on the contract of the contract, accessory to foreign contracts signed between the two parties). For export commodities with quotas on quotas and prices according to the state's existing regulations, businesses should have the official consent of the Ministry of Commerce.

1.2. For the business of supply services minus debt: The Ministry of records includes:

-Service Provider (primary)

-The exact identity of the consent of the payment except the debt (of the Embassy or the Trade Representative Authority of the sovereign debt, in accordance with the specific regulation in the Protocol or Agreement between the 2 Governments)

-Confirmed by Foreign Trade Bank T. W (as for export-based debt exports)

2. Payment:

After checking the debt payment profile of the businesses that have fully confirmed and valid, the Ministry of Finance will pay the Vietnam money to the output enterprises at the rate of publication rates, namely the following:

-Pay 100% of the value if recognized by the Foreign Bank TW "has been foreign except for debt" or has been "tipped with" minus the debt.

-Pay up to 90% worth if the Foreign Bank TW confirms "has made the procedure to submit evidence from a debt-deductiated procedure". The value of the remaining 10% of the Treasury will pay further payment when there is a "report that" minus the foreign bank ' s debt.

-In the case of a free foreign currency exchange, the payment rate is determined by a percentage of the purchase price of Trade Bank T. W announced on the date of the debt. If the Treasury Department is slow to pay from a month or more since receiving full payment of the existing debt payment records, it must pay the business of interest on the amount of money that has not paid at the expense of the Bank of the Bank on the actual number of days. All right. In case of objective reasons, the Ministry of Finance will have the Prime Minister's report to take the resolution.

3. Exclusion:

3.1: The business has signed a order with the Ministry of Finance, if it does not execute the right delivery regulations, on the goods of goods .... stated in the case of a trade contract signed with foreign countries, or stated in the Contracting Order with the Ministry of Finance (if there are rules In particular, leading to foreign denial of debt to the State, it has to be fully responsible for the amount of damage that occurs (including the slow delivery of interest paid to foreign countries if available).

3.2: In the case of implementation of the Order through the bidding method, in addition to taking responsibility for the material damage stated above, if the business does not make the delivery of the debt payable to the corresponding percentage. implement order, according to the specific regulation at the bidding process issued by the Ministry of Finance.

III. EXECUTE REPORT

Businesses have signed the Order with the Ministry of Finance responsible:

1. Send to the Ministry of Finance (Foreign Finance Case) Contract copies, accessories after having signed with foreign countries on the export of goods and services that pay debt to the State.

2. Decree at the end of each quarter must submit the report of the situation and the number of provisions that the Order pays the debt to the Ministry of Finance (Foreign Finance Case) to the Ministry of Finance to report the Government by regulation at article 12 of the Government's 40 CP Protocol.

3. Each order has a delivery value under the deadline of delivery that has been written in the Order. Over this term, the business is only to continue to deliver and pay orders with the Ministry of Finance when there is an official extension of the Ministry of Finance.

EXECUTIVE TERMS

This investment is in effect since the date of the signing and replacement of the 82 TC/TCN Digital Information on October 1, 1993 of the Ministry of Finance. All previous regulations against this profile are repel.

In the course of this announcement, the Ministry of Industry and businesses are concerned if there is something indebtable to the Ministry of Finance to promptly process the ./.