Chapter IX
ACCOUNTING, AUDITING, STATISTICS, REPORTS AND DISCLOSURE OF INFORMATION ABOUT PUBLIC DEBTS
Article 57. Accounting of public debts
1. Any loan, debt repayment, outstanding debt of the Government, or provincial debt shall be accounted as prescribed in the Law on Accounting, the Law on State Budget and relevant law provisions.
2. End borrowers and guaranteed borrowers must do accounting as per the law and send reports to postage stamps for monitoring.
3. The Minister of Finance shall provide guidelines for accounting system associated with loans and debt repayment of the Government and provinces; release statistics on and monitor debts arising from on-lent loans and sovereign guarantees.
Article 58. Auditing of public debts
1. State Audit Office shall perform its tasks and powers as prescribed in Article 18 of this Law.
2. The manager of a program/project must enter into an audit agreement with an audit firm with the purpose of auditing annual financial statements and final investment accounts as prescribed in laws and regulations on independent audits.
Article 59. Statistics on and establishment of a database on public debts
1. The statistics on public debts must stay honest and impartial, accurate, adequate, and timely; remain free of duplication and redundancy-free; and keep transparent and comparative as per the law.
2. Apply information technology in public debt management to meet objectives and tasks of public debt state management; give priorities to researches and application of advanced tools, diagrams, and practices of debt management in accordance with international practices and standards, in conformity with socio-economic development conditions for certain periods.
3. The Ministry of Finance shall establish a single database on public debts; develop applications in public debt management.
Article 60. Reports on public debts
1. Annually or at the request, the Government shall send a report on public debts to the National Assembly, the Standing Committee of National Assembly, and the State President, at least containing:
a) Public debts and indicators of public debt safety, including outstanding debts, debt structure, creditors, borrowed currencies;
b) Implementation of borrowing and repayment plan of the Government, provinces and annual sovereign-guaranteed loan limits;
c) Negotiation and conclusion of international treaties on public debts;
d) On-lent loans, issue and management of sovereign guarantees, including projects on on-lending or sovereign guarantees that face difficulty in repaying debts and the debt repayment fund must be advanced to cover such debts, on the case-by-case basis;
dd) Management and use of debt repayment fund, including opening balance, accrual revenues and expenditures, closing balance;
e) Implementation of resolutions of the National Assembly and the Standing Committee of National Assembly on public debts;
g) Other related information.
2. Annually, Ministries and ministerial-level agencies must send a report to the Government on implementation of public debt state management as assigned by the Government.
3. Annually, People's Committees of provinces shall send reports on public debts to People's Councils of provinces, the Ministry of Finance and competent agencies, at least containing:
a) Provincial debts, including implementation of provincial borrowing and repayment plan, debt service and outstanding debt of the province;
b) Implementation of programs and projects eligible for provincial loans;
c) Management and supervision of provincial debts;
d) Other related information.
Article 61. Public debt information disclosure
1. Indicators of public debts to be disclosed comprise:
a) Government debts, including external debts listed by lenders; government debt instruments listed by instrument types;
b) Provincial debts, including provincial bonds, ODA on-lent loans, external concessional loans, loans taken out from state funds, and other loans;
c) Sovereign-guaranteed debts, including outstanding debts and advances from the debt repayment fund (if any).
2. Information about public debts under the list of state secret matters shall be provided and disclosed in accordance with laws and regulations on state secret protection.
3. The powers to disclose public debt information:
a) The Ministry of Finance shall disclose information on public debts;
b) Presidents of People’s Committees of provinces shall disclose information on provincial debts.
4. Public debt information shall be disclosed in the following forms:
a) Websites of the Ministry of Finance and the People’s Committees of provinces;
b) Press conferences, press releases;
c) Public debt newsletter.
5. Public debt newsletters shall be issued biannually by the Ministry of Finance in Vietnamese and English translation in the form of publication and data in the website of the Ministry of Finance.
6. Ministries, ministerial-level agencies, People’s Committees of provinces, intermediary borrowers, and relevant agencies shall cooperate with the Ministry of Finance in collating and confirming data of public debts and relevant matters.
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Luật Quản lý nợ công 2017 (Bản Word)
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